REVISED  ORDINANCES 

OF,  THE 

VILLAGE  OF  WELLINGTON 

PUBLISHED  A\  D.  1903 

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REVISED  ORDINANCES 


OF  THE 

VILLAGE  OF  WELLINGTON 

IROQUOIS  COUNTY,  ILLINOIS 

b  7 


PRINTED  AND  PUBLISHED 

BY  AUTHORITY  OF  THE  PRESIDENT  AND  BOARD  OF  TRUSTEES 
OF  THE  TILLAGE  OF  WELLINGTON,  ILLINOIS 


Revised  and  Arranged  by  J.  H.  Dyer 
Published  A.  D.  1908 


HOOPESTON  NEWS  PRINT 
HOOPESTON,  ILLINOIS 


OFFICIAL  ROSTER. 


Village  Officers  of  Wellington,  Illinois,  From  Its  Organization 

as  a  Village,  Down  to  1903. 


The  Village  of  Wellington  was  organized  in  January,  1902,  em¬ 
bracing  the  following  described  territory,  to-wit:  The  south  half 
of  the  northeast  quarter,  and  the  south  half  of  the  north  half  of  the 
northeast  quarter,  and  the  north  half  of  the  southeast  quarter,  of 
section  fourteen  (14),  also  the  southwest  quarter  of  the  northwest 
quarter  of  the  northwest  quarter,  and  the  west  half  of  the  south¬ 
west  quarter  of  the  northwest  quarter,  and  the  west  half  of  the 
northwest  quarter  of  the  southwest  quarter  of  section  thirteen  (13), 
all  in  township  twenty-four  (24),  north,  range  twelve  (12)  west 
of  the  second  principal  Meridian,  in  Iroquois  County,  Illinois. 


Officers.— From  March,  1902,  to  April,  1903. 

President  of  the  Board. — W.  J.  Finn. 

Trustees. — J.  H.  Bower,  L  M.  Hamilton,  H.  W  St.  John,  Edwin  Randall, 
Robert  Mell,  W.  S.  Wood. 

Clerk.  —  B.  J.  Sibbitt. 

Treasurer  — J.  A.  Webster. 

Village  Constable.  —  Henry  Thede. 

Officers.— From  April,  1902,  to  1903. 

President  of  the  Board. — W.  A.  Hamilton. 

Trustees. — W.  S.  Wood,  A.  J.  Decker,  Edwin  Randall,  L.  M.  Hamilton, 
Jacob  Dazey,  J.  H.  Bower. 

Clerk. —  B.  J.  Sibbitt. 

Treasurer. — J.  A.  Webster. 

Village  Constable  —Ora  Kiser. 


GVo  G 


AN  ORDINANCE 


For  Revising  and  Consolidating  the  General  Ordinances, 
and  Making  Certain  Additions  Thereto,  of  the 
Village  of  Wellington,  Illinois. 

Whereas,  It  is  expedient  that  the  general  ordinances  of  the  Vil¬ 
lage  of  Wellington,  Illinois,  should  be  consolidated  and  ar¬ 
ranged  in  appropriate  chapters  and  sections,  and  certain  addi¬ 
tions  made  thereto,  and  that  an  index  of  the  whole  should  be 
made,  therefore, 


He  it  Ordained  by  the  President  and  Board  of  Trustees  of  the  Village  of  Welling¬ 
ton ,  Iroquois  County ,  and  state  of  Illinois,  in  manner 
following ,  that  is  to  say : 


CHAPTER  I. 


ACCOUNTS  AND  CLAIMS. 


Section  i.  No  claims  or  accounts  against  the  Village  of  Well¬ 
ington  except  for  the  salaries  of  its  regular  elected  or  appointed, 
and  commissioned  officers,  or  for  the  payment  of  a  special  contract 
made  by  the  Village  Board,  or  by  some  officer  of  the  Village,  au¬ 
thorized  by  ordinance  to  make  contracts, shall  be  considered  audit¬ 
ed  or  allowed,  nor  shall  any  warrant  issue  for  the  payment  thereof 
unless  the  person  presenting  the  same  or  some  credible  person  for 
him,  shall  make  oath  before  some  officer  duly  authorized  by  law  to 
administer  oaths,  before  filing  the  same, that  such  claim  or  account 
is  true,  just  and  correct,  and  that  the  charges  therein  are  reasona¬ 
ble,  nor  shall  such  warrant  issue  until  such  claim  or  account  has 
been  referred  to,  and  examined  by  at  least  two  of  the  committee 


I 


4 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


of,  the  department,  to  which  such  claim  or  account  shall  appro¬ 
priately  belong,  or  by  some  other  committee  designated  by  the 
Board,  which  committee  shall  report  such  claim  back  to  the  Board 
with  its  recommendation  endorsed  thereon  signed  by  the  members 
thereof,  when  the  said  claim  or  account  shall  then  be  acted  upon 
by  the  Board. 


CHAPTER  II. 


AMUSEMENTS. 

Section  i.  For  the  purpose  of  providing  for  the  licensing  and 
taxation  of  theatricals,  shows,  amusements  and  all  public  exhibi 
tions  for  gain,  the  same  are  hereby  divided  into  two  classes, which 
shall  be  known  as  the  first  and  second  class,  viz: 

ist — Entertainments  of  a  regular  dramatic  or  operatic  character, 
negro  minstrels,  public  readings,  concerts,  exhibitions  of  paint 
ings  or  statuary,  panoramas,  jugglery,  and  sleight  of  hand  per¬ 
formances,  exhibitions  of  natural  or  artificial  curiosities,  variety 
shows,  and  other  exhibitions  of  like  character,  which  may  be 
given  in  theatres,  opera  houses  or  public  halls,  shall  be  known  as 
entertainments  of  the  first  class. 

2nd — Circuses,  menageries,  caravans,  hippodromes,  and  all 
other  exhibitions  that  may  be  given  under  a  canvas,  not  herein 
specified,  shall  be  known  as  entertainments  of  the  second  class. 

§  2.  No  person  or  persons  shall  give  any  entertainment  men¬ 
tioned  in  this  chapter,  within  the  limits  of  the  said  Village,  for 
gain,  without  a  license  therefor,  first  had  and  obtained  from  the 
Village  Clerk,  under  the  Village  seal,  under  a  penalty  of  not  less 
than  Five,  and  not  exceeding  Two  Hundred  Dollars  for  each,  and 
every  such  entertainment  given,  in  violation  of  this  chapter.  Pro¬ 
vided  that  for  concerts,  exhibitions,  musical  entertainments,  given 
by  or  for  some  home  association,  society  or  church,  no  license 
shall  be  required. 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


5 


§  3.  Each  license  shall  express  for  what  it  is  granted,  and  the 
time  it  is  to  continue,  and  the  following  license  fees  shall  be 
charged  for  each  license  granted,  and  shall  be  paid  to  the  Vi i  1  age 
Clerk,  viz: 

1st — For  entertainments  of  the  first  class,  not  less  than  One 
Dollar  for  each  performance  and  exhibition. 

2nd — For  entertainments  of  the  second  class,  not  less  than  One 
Dollar  per  day. 

§  4.  The  President  of  the  Board  shall  determine  in  each  case 
where  application  is  made  for  a  license  under  this  ordinance,  the 
class  to  which  the  entertainment  belongs,  and  the  person  to  whom 
the  license  is  granted,  shall  pay  the  license  fee  to  the  Village 
Clerk,  who  shall  issue  the  license  and  the  same  shall  be  signed  by 
the  President  of  the  Board. 

§  5.  Every  license  granted  under  the  provisions  hereof  shall  be 
subject  to  the  ordinances  of  the  Village,  existing  when  the  same 
shall  be  issued,  or  thereafter  be  passed,  so  far  as  the  same  shall 
apply. 

§  6.  No  chairs,  stools  or  seats  of  any  description  shall  be 
placed  or  permitted  to  remain  in  the  aisle  or  passage  way  in  any 
theatre,  hall  or  other  public  building,  where  the  same  is  occupied 
by  the  public,  under  a  penalty  of  not  less  than  Five  Dollars  and 
not  exceeding  One  Hundred  Dollars  for  each  offense. 

§  7.  No  license  shall  be  granted  for,  or  if  granted  the  same 
shall  not  be  held  to  authorize  the  enacting  or  performance  of  any 
indecent  or  lewd  play  or  exhibition  of  any  kind,  and  any  person 
exhibiting  or  giving  such  lewd  or  indecent  play  or  exhibition  shall 
be  fined  not  less  than  Five  Dollars,  nor  more  than  One  Hundred 
Dollars. 


§  8.  No  person  or  persons  shall  run  any  shooting-gallery,  or 
place  for  target  shooting,  or  exhibit,  use  or  permit  others  to  use 
for  gain  or  for  profit,  any  striking  machines,  lung  tester, ''-phono¬ 
graph,  electrical  machine,  instrument  or  device,  or  any  lemonade 
stand,  cane  rack  or  other  stand,  for  the  sale  of  goods,  wares  and 


6 


ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON. 


merchandise,  without  first  obtaining  a  license  therefor,  under  a* 
penalty  of  Five, Dollars,  for  each  offense.  The  license  for  shoot¬ 
ing-galleries  and  places  for  target  shooting  shall  be  Five  Dollars 
per  week, and  the  license  for  any  other  apparatus  or  device  includ¬ 
ed  in  this  Section  shall  be  Two  Dollars  per  day. 


CHAPTER  III. 

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ANIMALS  AND  POUNDS. 

Animals  Prohibited  Running  at  Large.]  Section  i.  No 
animal  of  the  species  of  cattle,  horse,  mule,  ass,  swine,  sheep, goat 
nor  any  goose,  shall  be  permitted  to  run  or  be  at  large  within  the 
corporate  limits  of  the  Village  of  Wellington. 

Penalty  for  Stock  Being  at  Large.]  §  2.  Whoever  being 
.the  owner  or  possessor  of  any  such  animal  or  goose,  shall  suffer  or 
permit  the  same  to  run  or  be  at  large  shall  forfeit  and  pay  the  fol¬ 
lowing  penalties  for  each  offense,  together  with  the  costs  of  taking 
up  and  impounding,  and  all  expense  of  sustenance,  for  such  an¬ 
imal  when  impounded,  as  hereinafter  provided,  viz:  For  each  an¬ 
imal  of  the  species  of  cattle,  horse,  mule,  or  ass  the  sum  of  fifty 
cents,  for  each  swine,  sheep,  goat  or  goose,  the  sum  of  twenty-five 
cents  as  fees  of  pound  keeper,  and  shall  be  liable  to  a  further  pen¬ 
alty  of  not  less  than  Three  nor  more  than  Ten  Dollars  for  eafch 
offense. 

Pounds  and  Pound  Keeper  ]  §  3.  The  Village  Board  shall 

provide  a  suitable  pound  or  pounds,  which  shall  be  under  the  care 
and  control  of  the  pound  keeper  of  the  said  Village. The  President 
of  the  Board  may,  as  provided  by  law,  appoint  a  suitable  person 
to  be  pound  keeper,  who  shall,  before  entering  upon  the  duties  of 
his  office,  execute  a  bond  with  security  to  be  approved  by  the 
Board  in  the  penal  sum  of  Two  Hundred  Dollars,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  and  for  the 
paymemt  of  all  moneys  received  by  him  according  to  law,  and  the 
ordinance  of  said  Village;  or  the  Board,  in  the  absence  of  any  ap¬ 
pointment  of  a  pound  keeper,  by  the  President  as  aforesaid,  may 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


7 


by  resolution  direct  that  the  Village  Constable  or  any  police  of¬ 
ficer  shall  act  as  pound  keeper,  in  which  case  he  shall  be  the 
pound  keeper  of  said  Village,  and  shall  have  all  the  power  and 
emoluments,  and  shall  perform  all  the  duties  belonging  to  said 
office  as  herein  provided,  and  shall  give  bond  as  pound  keeper  as 
herein  provided. 


Pound  Keeper  to  Take  Up  Animals.]  §  4.  It  shall  be  the 
duty  of  the  pound  keeper  to  take  up  and  impound  all  animals 
found  running  at  large  in  violation  of  the  ordinances  of  said  Vil- 
lage;and  also  to  receive  and  impound  any  such  animals  when  law¬ 
fully  taken  up  by  any  other  person.  During  the  stay  of  any  ani¬ 
mal  in  the  pound,  he  shall  feed  and  water  the  same. 


Proceedings  Where  Animal  Is  *Not  Redeemed — Owner  Is 
Known.]  §  5.  When  any  impounded  animal  is  not  redeemed 
within  twenty-four  hours  after  the  same  is  impounded,  the  pound 
keeper  shall  forthwith  make  complaint  befoie  a  police  magistrate 
or  justice  of  the  peace  against  the  owner  or  possessor  of  such  an¬ 
imal,  if  known,  and  thereupon  a  summons  shall  be  issued  as  in 
other  cases  for  the  violation  of  the  ordinances  of  said  Village;  and 
upon  the  return  of  said  summons  or  tne  defendant  having  appear¬ 
ed,  it  shall  be  the  duty  of  the  magistrate  to  inquire  whether  the 
defendant  has  been  guilty  of  permitting  such  animal  to  be  at  large 
contrary  to  the  provisions  of  this  chapter,  and  if  the  defendant  be 
found  guilty,  judgment  shall  be  rendered  against  him  for  the  pen¬ 
alty,  impounding  fee  and  cost  of  sustenance  prescribed  and  costs 
of  suit,  and  an  order  shall  be  entered  that  the  animal  shall  be  sold 
to  satisfy  said  judgment,  in  case  the  same  shall  not  be  paid  forth¬ 
with.  Such  order  shall  describe  the  animal,  and  state  the  time 
and  place  of  impounding  the  same. 


Proceedings  Where  the  Owner  is  Unknown.]  §  6.  When 
the  owner  of  an  animal  is  unknown,  the  pound  keeper  shall  make 
complaint  as  provided  for  in  the  last  Section  against  the  unknown 
owner  of  such  animal,  describing  the  same,  and  thereupon  the 
Magistrate  before  whom  such  complaint  shall  be  made  shall 
docket  the  case,  in  the  name  of  the  Village,  versus  the  unknown 
owner  of  such  animal,  (describing  it  with  reasonable  certainty,) 
and  shall  issue  a  notice  in  substance  as  follows,  viz: 


8 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


*  POUND  NOTICE. 

WHEREAS,  complaint  has  this  day  been  made  before  me,  that  the  unknown 
owner  of  the  following  described  animal,  to- wit:  [here  describe  the  animal  par¬ 
ticularly,)  impounded  at . on  the  . day  of . 

A.  D.  19 . .  has  permitted  the  same  to  run  at  large  contrary  to  the  ordinance 

of  the  Village  of  Wellington 

Now,  therefore,  notice  is  hereby  given  to  the  owner  of  said  animal,  and  all 
parties  interested  in  Ihe  same,  that  a  trial  will  be  had  upon  the  said  complaint,  at 

my  office  in  the  Village  of  Wellington,  Illinois,  on  the  . day  of . . 

A.  D.  19 at  the  hour  of . o'clock . V,  when  and  where  this  owner 

or  person  interested  may  appear  and  defend ,  if  he  sees  fit  to  do  so 

Witness  my  hand  and  seal  this . day  of . 19  . 

.  V.  M.  or  J.  R. 

The  day  named  in  said  notice  for  trial  shall  not  be  less  than  five 
days  nor  more  than  ten  days  from  the  time  of  issuing  same,  and  it 
shall  be  the  duty  of  the  pound  keeper,  Village  constable,  or  any 
police  officer,  to  post  forthwith  three  copies  of  said  notice  in  three 
public  places  in  said  Village.  The  officer  posting  said  notice  shall 
return  a  copy  thereof  to  the  office  of  the  Magistrate,  issuing  the 
same,  with  his  return,  showing  the  time  and  places  of  such  post¬ 
ing  endorsed  thereon. 

Trial  After  Notice — Judgment.]  §  7.  When  the  notice  has 
been  given,  as  required  by  the  last  Section,  then  upon  the  day  and 
hour  named  in  such  notice,  if  the  said  animal  has  not  been  re¬ 
deemed,  the  Justice  or  Magistrate  issuing  such  notice  shall  pro¬ 
ceed  to  hear  the  case,  as  in  the  case  of  personal  service  or  sum¬ 
mons  ;  and  if  he  finds  that  such  animal  has  been  lawfully  and  just¬ 
ly  impounded,  he  shall  render  judgment  accordingly  and  shall  al¬ 
so  render  judgment  for  the  amount  of  fees,  costs,  expenses,  and 
charges  incurred  in  the  taking  up,  impounding  and  sustenance  of 
such  animal,  including  the  costs  of  suit,  and  he  shall  enter  upon 
his  docket  an  order  for  the  sale  of  such  animal,  to  satisfy  such 
judgment. 

Proceedings  Against  Non-Resident  Owners.]  §  8.  If  the 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  9 

name  of  the  owner  or  possessor  of  such  impounded  animal  is 
known,  but  he  resides  or  has  gone  out  of  the  Village,  so  that  sum¬ 
mons  cannot  be  served  upon  him, as  provided  by  Section  5  hereof, 
then  like  proceedings  shall  be  had,  and  like  judgment  shall  be 
rendered  as  in  the  case  of  unknown  owners  as  provided  in  Sections 
6  and  7  hereof,  except  that  the  notices  provided  for  in  Section  6 
shall  be  addressed  to  such  owner  or  possessor  by  name,  and  an 
additional  copy  of  said  notice  shall  be  issued  and  sent  by  mail, ad¬ 
dressed  to  such  owner  or  possessor,  at  his  post  office  address.  If 
his  post  office  address  is  not  known,  and  upon  diligent  inquiry 
cannot  be  ascertained  then  such  facts  shall  appear,  in  the  return 
of  the  officer  executing  such  notices,  upon  the  copy  of  such  notice 
by  him  filed  in  the  office  of  the  magistrate. 

Order  for  Sale.]  §  9.  Upon  the  rendition  of  any  judgment 
as  prescribed  in  this  Ordinance  the  Magistrate  shall  issue  to  the 
pound  keeper  an  order  of  sale  substantially,  as  provided  in  cases 
of  attachment  under  the  statutes,  which  order  shall  be  returned 
by  such  pound  keeper  within  thirty  days  from  its  date  to  the  office 
issuing  same,  with  his  return  endorsed  thereon,  showing  when  and 
how  the  same  is  executed. 

Pound  Keeper’s  Notice  of  Sale.]  §  10.  Upon  receipt  of 
such  order,  the  pound  keeper  shall  immediately  post  up  three 
notices  in  three  public  places  in  said  Village  which  notices  shall 
be  substantiallv  in  the  form  as  in  cases  of  sales  on  execution  un¬ 
der  the  statutes,  which  sale  shall  take  place  not  less  than  three 
nor  more  than  five  days  after  the  posting  of  same,  exclusive  of 
Sundays,  holidays,  and  election  days,  and  if  the  said  animal  is  not 
redeemed  the  pound  keeper  shall  sell  the  same  in  accordance  with 
said  notice. 

Pound  Keeper’s  Book — Proceeds  of  Sale.]  §  11.  The 
pound  keeper  shall  keep  a  book  provided  by  the  Village,  which 
shall  be  open  to  the  inspection  of  the  public,  in  which  he  shall  re¬ 
cord  a  description  of  all  animals  impounded  with  the  date  of  im¬ 
pounding  each,  the  owner’s  name  if  known,  the  name  of  the  per¬ 
son  or  offioer  by  whom  taken  up,  also  what  disposition  was  made 
of  such  animal,  when  and  by  whom  redeemed,  or  in  case  of  sale, 
the  date  of  sale,  the  name  of  the  purchaser,  and  the  amount  re¬ 
ceived  therefor,  and  said  pound  keeper  shall  within  ten  days  after 
every  sale  of  animals  as  herein-  provided,  pay  into  the  Village 


IO 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


treasury  ail  moneys  received  by  him,  in  the  excess  of  the  fees, 
costs,  and  charges  accruing  to  him,  and  the  costs  of  the  judicial 
proceedings  which  last  named  costs  he  shall  pay  over  to  the  mag¬ 
istrate  issuing  the  order  of  sale. 


Surplus  Proceeds  Paid  to  Owner.]  §  x 2.  If  any  surplus 
proceeds  of  any  sale  shall  not  have  been  paid  into  the  Village 
treasury,  the  owner  of  the  animal  sold  shall  be  entitled  to  receive 
such  surplus  less  the  costs  and  charges  that  may  have  accrued  to 
the  officers  of  the  Village,  upon  presenting  to  the  Village  Board 
satisfactory  proof  of  his  ownership  together  with  a  certificate  of 
the  pound  keeper  of  the  amount  of  such  surplus. 

Breaking  Pound  Penalty.]  §  13.  Whoever  shall  break 

open,  or  in  any  manner  aid  or  assist  in  or  counsel  or  advise  the 
breaking  open  of  any  Village  pound  or  shall  take  or  attempt  to 
take  therefrom  any  impounded  animal  without  the  pound  keeper’s 
consent,  or  whoever  shall  hinder,  delay  or  obstruct  the  taking  of 
any  animal  found  unlawfully  at  large  to  the  pound, or  shall  attempt 
to  prevent  the  impounding  thereof  in  any  manner,  shall  in 
either  case  be  fined  not  less  than  Ten  Dollars,  nor  more  than  One 
Hundred  Dollars. 

» 

Fees  of  Magistrate.]  §  14.  Police  Magistrates  and  Justices 
of  the  Peace  shall  be  allowed  in  all  cases  under  this  ordinance  the 
same  fees  for  docketing  suits  and  issuing  proceedings  of  all  kinds, 
and  for  other  services  as  are  now  provided  by  the  statutes  in  civil 
cases,  to  be  taxed  and  collected  as  other  fees  allowed  by  law. 

Staking  Out  Animals,  Etc.]  §15.  It  shall  be  unlawful  for 
any  person  or  persons  to  stake  out,  tie  or  graze  any  cow,  horse  or 
other  animal,  in,  upon  or  so  that  they  can  get  in  or  upon  any 
public  street,  alley  or  highway  within  the  corporate  limits  of  said 
Village. 

Any  person  violating  any  of  the  provisions  of  this  section  shall 
be  fined  not  less  than  Three  Dollars  nor  more  than  One  Hundred 
Dollars  for  each  offense,  and  in  addition  thereto  shall  be  liable  for 
all  damages  done  to  any  sidewalk,  crossing,  ditch,  trees  or  other 
public  property,  by  such  animal. 


ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON.  II 

Dead  Animals,  Becoming  a  Nuisance.]  §  16.  Whoever 
shall  knowingly  suffer  any  dead  animal  belonging  to  him, or  under 
his  control  to  remain  within  said  Village  or  within  one-half  mile 
from  the  limits  thereof  so  as  to  be,  or  likely  to  become  offensive 
in  any  manner,  to  any  person,  shall  be  deemed  guilty  of  a  nui¬ 
sance  and  shall  be  fined  not  less  than  Three  Dollars  nor  more 
than  One  Hundred  Dollars. 

Dead  Animals,  Removal  of  in  Offensive  Manner.]  §  17. 

Any  person  removing  any  dead  animal  who  shall  purposely  or  un¬ 
necessarily  cause  the  same  to  be  offensive  or  annoying  to  any  per¬ 
son,  shall  be  subject  to  a  penalty  of  not  less  than  Three  Dollars 
nor  more  than  One  Hundred  Dollars. 

Driving  Unhaltered  Mules  or  Horses  Through  the  Streets.] 
§  18.  It  shall  be  unlawful  for  any  person  to  drive  any  mules  or 
horses  through  the  streets  or  alleys  of  the  Village  of  Wellington 
unless  they  are  securely  haltered  and  controled,  or  led  by  some 
person  having  charge  thereof.  Any  person  violating  this  section 
shall  be  fined  not  less  than  Three  nor  more  than  Twenty  Dollars 
for  each  offense. 

Riding  or  Driving  Horses,  Etc.,  Outside  of  Curb.]  §  19. 
It  shall  be  unlawful  for  any  person  riding  or  driving  horses,  cattle 
or  other  stock  along  the  streets  of  the  Village  of  Wellington,  to 
allow  said  horses  or  stock  to  get  back  or  outside  of  the  curb  line, 
and  any  person  so  offending  shall  be  subject  to  a  fihe  of  not  less 
than  Five  nor  more  than  Fifty  Dollars. 


CHAPTER  IV. 


auctions  and  auctioneers. 

Sale  oe  Goods  bv  Auction  to  be  Made  bv  Auctioneer.] 
Section  i.  All  sales  of  goods  or  chattels  or  personal  property  at 
public  vendue,  except  as  are  made  under  and  by  virtue  of  legal 


12 


ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON. 


process,  shall  be  made  by  an  auctioneer,  his  co-partner  or  clerk, 
who  shall  first  have  obtained  in  his  own  name  a  license  in  accord¬ 
ance  with  the  Village  of  Wellington,  and  shall  have  paid  therefor 
to  the  Village  Clerk  at  the  rate  of  Two  Dollars  per  day,  or  Twelve 
Dollars  per  week. 

Penalties,  Etc.]  §  2.  Any  person  who  shall  sell  or  attempt 
to  sell  at  public  vendue  in  said  Village,  any  goods,  chattels  or 
personal  property,  whatsoever  except  under, and  by  virtue  of  legal 
process,  without  first  obtaining  a  license  therefor,  as  above  re¬ 
quired,  shall  be  fined  for  each  offense  not  less  than  Five  Dollars, 
nor  more  than  Fifty  Dollars. 

Revocation  of  License.]  §  3.  All  licenses  shall  be  subject 
to  revocation  by  the  President  of  the  Village  Board,  whenever  it 
shall  appear  to  his  or  their  satisfaction  that  the  party  so  licensed, 
his  agent  or  clerk,  has  violated  any  of  the  provisions  of  any  ordi¬ 
nance  lelating  to  auctions  or  auctioneers,  or  any  of  the  conditions 
of  the  bond  aforesaid. 


CHAPTER  V. 


BILLIARDS,  BALL-ALLEYS,  ETC. 

Billiards,  Etc.,  Prohibited.]  Section  i.  That  no  person 
or  persons,  by  himself,  themselves,  or  by  clerk,  agent  or  servant, 
shall  keep  for  ordinary  use  in  any  place  of  public  resort,  within 
the  corporate  limits  of  the  Village  of  Wellington,  any  billiard, 
bagatelle,  pigeon  hole, or  any  other  table  or  implement,  kept  or 
used  for  a  similar  purpose,  or  pin  alley, or  ball  and  pin  alley,  he  or 
they  shall  be  subject  to  a  penalty  of  not  less  than  Twenty  Dollars, 
nor  more  than  One  Hundred  Dollars  for  each  offense. 

Each  Game  a  Distinct  Offense.]  §  2.  Each  and  every 

game  suffered  to  be  played  or  begun  upon  such  table,  shall  be 


ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON.  1 3 

reckoned  a  separate  and  distinct  offense,  within  the  meaning  of 
the  foregoing  section. 


CHAPTER  VI. 


DOGS. 

Dogs  to  be  Registered — Tax.]  Section  i.  Every  person 
owning,  keeping  or  harboring  any  dog  within  the  corporate  limits 
of  the  Village  of  Wellington  shall  forthwith  after  the  publication 
of  these  ordinances,  or  after  acquiring  such  dog, if  not  now  owned, 
register  the  same  with  the  Village  Clerk,  who  shall  keep  a  book 
for  that  purpose,  and  it  shall  be  the  further  duty  of  such  person, to 
pay  to  the  said  Clerk,  annually,  before  the  first  day  of  June  in 
each  year,  a  tax  of  One  Dollar  for  each  dog,  so  owned,  kept  or 
harbored  bv  him,  and  Two  Dollars  for  each  female  dog. 

Village  Clerk  to  Furnish  Check  to  be  Worn  on  Collar, 
Etc.]  §  2.  On  receipt  of  the  tax  provided  for  in  Section  One 
hereof,  the  Village  Clerk  shall  furnish  to  the  person  paying  the 
same,  without  charge,  at  the  expense  of  the  Village,  a  metallic 
check  for  each  dog  on  which  tax  is  paid,  with  the  year  for  which 
tax  is  paid,  plainly  marked  thereon,  which  check  such  person 
shall  cause  to  be  worn  upon  the  collar  of  such  dog. 

Dog  to  Wear  Collar  With  Name  of  Owner.]  §  3.  It  shall 
be  the  duty  of  every  person  owning,  keeping  or  harboring  any  dog 
as  aforesaid,  to  cause  such  dog  to  wear  about  his  neck  a  collar  on 
which  shall  be  engraved  the  name  of  his  owner  or  keeper,  and  no 
dog  shall  at  any  time  be  suffered  to  go  at  large, within  said  Village 
without  having  such  collar  upon  his' neck. 

Proclamation  of  President  of  Board,  Etc.]  §  4.  When¬ 

ever  the  President  of  the  Village  Board  shall  deem  it  advisable  for 
the  prevention  of  hydrophobia,  he  may  issue  his  proclamation  re¬ 
quiring  all  dogs  within  the  Village  to  be  confined  or  to  be  muzzled, 
as  he  may  deem  best,  for  such  time  as  he  may  in  his  proclamation 

/ 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


14 

designate,  and  during  the  time  so  designated  it  shall  be  unlawful 
for  any  dog  to  go  at  large  or  unmuzzled,  as  the  case  may  be,  con¬ 
trary  to  the  terms  of  such  proclamation. 

v  t 

Violations,  Penalty,  Nuisance.]  §  5.  Whoever  shall  own, 
keep  or  harbor  any  dog  within  said  Village  and  shall  fail  or  refuse 
to  register  the  same  as  herein  above  provided,  or  to  confine  or 
muzzle  the  same,  in  accordance  with  any  proclamation  issued  by 
the  President,  or  shall  fail  or  refuse  to  comply  with  any  provision 
of  any  ordinance  of  said  Village  touching  dogs,  shall  be  fined 
Three  Dollars:  and  every  dog  respecting  which  'dl  requirements  of 
this  ordinance  are  not  complied  with,  is  hereby  declared  to  be  a 
nuisance,  and  shall  be  abated  by  killing  such  dog  in  such  manner, 
and  by  such  means  as  may  be  deemed  easiest  and  best,  and  shall 
be  done  by  or  under  the  direction  of  the  Village  Constable. 


m 

CHAPTER  VII. 


FIRE  PROTECTION  | 

Unsafe  Chimneys,  Etc.]  Section  i.  Any  person  owning  or 
controlling  any  building,  the  stovepipes  or  chimneys  of  which  are 
insecure,  and  liable  to  set  fire  to  the  same,  and  who  shall  refuse 
or  neglect  to  abate  or  repair  the  same,  so  that  the  same  will  be 
secure  and  safe,  after  being  notified  by  the  Village  Constable  or 
any  officer  of  said  Village,  shall  be  fined  not  less  than  Five  Dol¬ 
lars  nor  more  than  Fifty  Dollars  for  each  offense. 

Deposit  of  Ashes.]  §  2.  No  person  shall  keep  or  deposit 
any  ashes  in  any  building  or  within  ten  feet  of  any  building,  shed 
or  fence,  or  other  co  nbustible  material. unless  within  a  secure  and 
covered  metallic  or  earthenware, or  other  fire  proof  vessel,  or  in  a 
fire  proof  ash  house,  under  a  penalty  of  not  less  than  Three  Dol¬ 
lars,  and  not  exceeding  One  Hundred  Dollars,  and  all  soap  boil¬ 
ers,  and  other  persons  using  ashes  in  the  manufactury  of  anything 
in  any  wooden  vessel  or  structure,  shall  keep  them  well  dampened 


ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON.  15 

or  saturated  with  water,  under  a  penalty  of  not  less  than  Three 
Dollars,  and  not  exceeding  One  Hundred  Dollars. 

Burning  Straw — Bonfires.]  §  3.  No  person  shall  set  fire 
to,  or  burn  shavings,  straw  or  other  material,  in  any  open  or  pub¬ 
lic  place  in  the  Village,  except  in  day  time,  nor  then  unless  the 
condition  of  the  wind  and  weather  be  such  that  such  fire  will  not 
be  likely  to  endanger  or  damage  any  building  or  property,  nor 
within  thirty  feet  of  any  building  under  a  penalty  of  not  less  than 
Three  Dollars, and  not  exceeding  One  Hundred  Dollars:PROviDED, 
that  bonfires  may  be  built  in  the  night,  at  any  safe  and  proper 
place  within  the  Village, by  consent  of  the  President  of  the  Board. 


CHAPTER  VIII. 

to 


HEALTH  DEPARTMENT. 

Board  of  Health  to  be  Appointed.]  Section  i.  That  a 
Board  of  Health  be  appointed  by  the  President  of  the  Village 
Board,  by  and  with  the  consent  of  the  said  Board,  consisting  of 
three  reputable  citizens  of  the  Village,  one  of  whom  shall  be  a 
physician,  who  shall  constitute  a  Board  of  Health  in  and  for  the 
Village  of  Wellington.  And  they  shall  elect  from  among  their 
own  number  a  President  and  Secretary. 


Duties  of  Board.]  §  2.  The  Board  shall  exercise  a  general 
supervision  over  the  health  of  the  Village,  and  shall  make  general 
and  diligent  examinations  and  enquiry  into  all  matters  affecting 
same.  It  shall  cause  all  nuisances  to  be  abated,  and  removed, 
which  it  may  deem  prejudicial  to  the  public  health,  and  it  may 
make  such  sanitary  rules  and  regulations  as  it  deems  necessary  or 
expedient  to  preserve  and  promote  the  public  health,  or  prevent 
the  introduction  or  spreading  of  any  contagious,  malignant,  infec¬ 
tious  or  pestilential  disease. 


l6  ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

Powers  of  the  Board.]  §  3.  Each  member  of  the  Board 
shall  have  the  right  during  daylight  to  enter  any  house,  stable, 
store  or  other  building  or  premises,  and  to  examine  the  same,  and 
if  he  deems  necessary  to  cause  the  floors  to  be  raised  in  order  that 
he  may  examine  any  cellar,  vault  or  drain ;and  to  cause  all  privies, 
water  closets,  dry  wells,  swill  barrels  to  be  cleaned,  renovated  or 
removed;  and  to  cause  all  dead  animals,  or  any  nauseous  or  un¬ 
wholesome  thing  or  substance  to  be  removed  or  disposed  of  as 
they'  may  direct;  and  to  cause  any  and  all  premises  within  the  Vil¬ 
lage  to  be  cleaned  and  all  nuisances  removed  therefrom.  In  cases 
of  pestilence  or  epidemic  disease,  or  of  danger  from  anticipated  or 
impending  pestilence  or  disease,  or  in  case  the  sanitary  condition 
of  the  Village  should  be  of  such  character  to  warrant  it,  the  said 
Board  can  take  such  measures,  and  do,  order, or  cause  to  be  done, 
such  acts  for  the  preservation  of  the  public  health,  as  it  may  deem 
the  public  health  and  safety  demand. 

Temporary  Hospitals.]  §  4.  Whenever  it  may  be  deemed 
necessary  the  Village  Board  shall  locate  and  establish  a  temporary 
hospital  at  any  safe,  retired  or  proper  place,  not  exceeding  five 
miles  from  the  Village,  and  said  hospital  shall  be  under  the  man¬ 
agement  and  care  of  the  Board  of  Health  when  organized.  The 
said  Board  shall  have  power  to  provide  suitable  nurses  and  other 
attendants  for  all  persons  sent  to  said  hospital. 

Removing  Persons  to  Hospital.]  §  5.  The  Board  of  Health 
may  cause  any  person  having  any  infectious,  contagious  or  pestil¬ 
ential  disease,  or  who  has  been  exposed  thereto  to  be  quarantined 
or  to  be  removed  to  such  hospital,  and  there  provide  the  necessary 
medical  attention,  nurses  and  other  provisions  for  such  person,  at 
his  expense  if  he  is  able  to  pay  for  the  same,  and  if  not  so  able, 
then  at  the  expense  of  the  Village. 

Term  of  Office  of  Board.]  §  6.  The  term  of  office  for  the 
members  of  the  Board  shall  not  extend  beyond  the  municipal  year 
in  which  they  are  appointed;  and  the  Village  Board  may  by  a  two- 
thirds  vote,  at  any  time  during  the  year, discharge  any  or  all  mem¬ 
bers  from  further  service.  The  several  members  of  the  Board 
shall  not  be  entitled  to  compensation  for  their  services. 

Orders  of  the  Board — How  Made — Penalty  for  Disobey¬ 
ing.]  §  7.  All  orders  of  the  Board  when  in  session  shall  be 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


17 


made  in  writing,  and  certified  to  by  the  Secretary,  and  the  Presi¬ 
dent  shall  cause  them  to  be  executed  by  the  Village  Constable. 
Whoever  shall  refuse  or  neglect  to  obey  any  order  of  the  said 
Board  of  Health,  or  any  member  thereof,  whether  general  or  spec 
ial,  verbal  or  written,  shall  be  deemed  to  be  guilty  of  a  misde¬ 
meanor,  and  shall  be  fined  not  less  than  Three  Dollars,  nor  more 
than  One  Hundred  Dollars. 


In  Case  of  Small  Pox,  Etc.  —  Duty  of  President — Flags,' 
Etc.]  §  8.  Whenever  the  small  pox  or  any  other  infectious  or 
contagious  disease  exists  in  the  Village,  the  President  is  empow¬ 
ered,  and  it  is  hereby  made  his  duty  to  have  red  flags  put  up  and 
kept  up  on  every  house  in  which  said  disease  shall  break  out,  on 
which  flag  or  on  cards  printed  for  that  purpose  shall  be  painted  or 
printed  the  name  of  the  disease. 


Unlawful  for  Person  to  Go  Abroad — When.]  §  9.  It  shall 
not  be  lawful  ior  any  person  connected  with  any  family  or  an  in¬ 
mate  of  any  house  infected  as  aforesaid,  to  visit, frequent  or  go  in¬ 
to  the  business  or  inhabited  portions,  streets  or  thoroughfares  of 
the  Village,  while  such  infectious  or  contagious  disease  shall  exist 
or  be  in  the  Village,  and  every  person  who  shall  be  connected 
with  any  family,  or  an  inmate  of  any  house  infected,  as  aforesaid, 
who  shall  visit  or  frequent  or  go  into  the  business  or  inhabited 
portions,  streets  or  thoroughfares  of  the  Village,  shall  be  subject 
to  a  penalty  of  Five'  Dollars  for  every  time  he  shall  leave  the  in¬ 
fected  premises  for  the  purpose  of  going  into  the  business  or  in¬ 
habited  portion,  streets  or  thoroughfares  of  the  Village  aforesaid, 
without  obtaining  a  permit  from  said  Board  of  Health. 


Duty  of  President  to  Give  Notice — When.]  §  10.  When¬ 
ever  it  shall  come  to  the  knowledge  of  the  President  that  any  in¬ 
fectious  or  contagious  disease  has  broken  out  or  exists  in  the  Vil¬ 
lage,  it  shall  be  the  duty  of  the  President  to  give  notice  to  the 
persons  occupying  the  house  or  premises  in  which  the  disease  ex¬ 
ists,  that  the  provisions  of  this  ordinance  shall  be  enforced,  and 
shall  give  notice  that  the  persons  mentioned  in  Section  9  of  this 
ordinance  are  required  to  keep  within  the  bounds  prescribed,  and 
the  President  is  further  authorized  to  see  that  the  families  thus 


i8 


ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON. 


kept  within  bounds  are  furnished  with  all  necessary  food  and 
medicine. 


President  to  Employ  Nurses.]  §  n.  Whenever  it  shall  be 
necessary  in  case  of  an  infectious  or  contagious  disease,  to  em¬ 
ploy  nurses  or  attendant  for  the  persons  diseased  as  aforesaid,  the 
President  is  hereby  authorized  to  supply  the  necessary  nurses  and 
attendants  at  the  expense  of  the  person  so  diseased,  or  their  nat- 
.ural  protectors,  when  they  have  sufficient  property  for  that  pur¬ 
pose,  but  in  the  c^se  of  a  poor  person,  or  those  unable  to  procure 
the  assistance  of  nurses  and  attendants,  at  the  expense  of  the 
Village. 


Duty  of  Physicians.]  §  12.  It  shall  be  the  duty  of  all  physi¬ 
cians  practicing  medicine  in  said  Village,  whenever  any  case  of 
small  pox  or  other  infectious,  contagious  or  pestilential  disease 
comes  under  their  care  or  notice  to  immediately  give  notice  of  the 
same  to  the  President.  Any  person  refusing  or  neglecting  to  give 
notice  to  the  President  as  required  by  this  section  shall  be  fined 
not  less  than  Twenty -five  Dollars  nor  more  than  Two  Hundred 
Dollars. 


Notice  to  Cleanse  Premises  ]  §  13.  The  President  shall 

annually  during  the  month  of  May, have  printed  notices  posted  up, 
commanding  all  persons  in  said  Village,  within  fifteen  days  from 
the  date  of  said  notices,  to  thoroughly  cleanse,  and  purify  their 
yards,  barn  lots,  pig  styes,  cellars,  privies,  and  the  alleys  and 
streets  adjacent,  of  all  trash,  filth,  manure,  and  other  noisome 
substances  likely  to  occasion  disease,  or  prove  offensive  to  any 
person  in  said  Village,  under  penalty  of  failure  so  to  do,  of  rigid 
prosecution  under  the  ordinances  of  said  Village;  and  it  is  hereby 
declared  the  duty  of  the  Village  Constable  to  inspect  the  yards, 
barn  lots,  pig  styes,  cellars  and  privies  of  every  person  in  said 
Village  (using  no  force  however,  for  that  purpose)  as  well  as  all 
the  streets  and  alleys  of  said  Village,  and  shall  make  complaint, 
and  cause  to  be  prosecuted  every  person  who  fails  to.  comply  with 
such  notices.  Provided,  that  the  notices  aforesaid  shall  n*ot  be 
construed  as  a  condition  precedent  to  fixing  the  liability  of  any 
person  for  the  violation  of  any  of  th^  provisions  of  this  ordinance, 
and^ whoever  shall  refuse  or  neglect  to  cleanse  and  purify  their 
premises  as  aforesaid,  or  shall  refuse  or  neglect  to  obey  the  order 


ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON. 


19 


of  the  President  or  Village  Constable  given  in  pursuance  of  this 
section,  shall  be  subject  to  a  penalty  of  not  less  than  Three  Dol¬ 
lars,  and  not  exceeding  One  Hundred  Dollars  for  each  offense. 


CHAPTER  IX. 


LABOR  ON  STREETS. 

Who  to  Work  on  Streets.]  Section  i.  That  every  able 
bodied  male  inhabitant  of  the  Village  of  Wellington,  above  the 
age  of  twenty-one  years  and  under  the  age  of  fifty  years  (except 
paupers,  lunatics,  idiots,  and  such  others  as  are  exempt  by  law) 
shall  be  required  to  labor  upon  the  streets  and  alleys  of  said  Vil¬ 
lage  of  Wellington  two  da5^s  in  each  and  every  year.  Provided, that 
any  person  may  commute  for  such  labor  at  the  rate  of  seventy-five 
cents  per  day. 

Penalty  for  Failing  to  Appear.]  §  2.  The  superintendent 
of  streets  shall  notify  each  person  at  least  three  days  prior  to  the 
time  he  is  to  appear  to  perform  said  labor,  and  with  what  imple¬ 
ments,  teams,  etc.,  which  notice  may  be  verbal,  or  by  leaving  a 
written  notice  at  their  place  of  residence,  and  any  person  so  noti¬ 
fied  who  shall  fail  to  appear  by  himself  or  substitute,  shall  be 
fined  as  follows:  For  every  day’s  refusal  or  neglect,  the  sum  of 
Two  Dollars.  If  he  was  required  to  furnish  a  team,  wagon,  car¬ 
riage,  man  or  implement,  and  shall  refuse  or  neglect  to  comply, 
he  shall  be  fined  as  follows:  For  wholly  failing  to  comply  with 
such  requisition,  Four  Dollars  ($4.00)  for  each  day;  For  omitting 
to  furnish  a  pair  of  horses  or  oxen,  One  Dollar  and  Fifty  Cents  for 
each  day;  For  omitting  to  furnish’  a  man  to  manage  the  team,  Two 
Dollars  per  day;  For  omitting  to  furnish  a  wagon,  cart  or  plow, 
Seventy-five  Cents  for  each  day. 

Duty  of  Superintendent  to  Make  Complaint.]  §  3.  It  shall 
be  the  duty  of  the  Superintendent  of  Streets  to  make  complaint  be¬ 
fore  some  Justice  of  the  Peace  or  Police  Magistrate  against  all 


20 


ORDINANCES  OF  TH£  VILLAGE  OF  WELLINGTON. 


persons  served  with  notice  and  who  shall  fail  to  appear  as  re¬ 
quired. 

Offenders  to  Work  Out  Fine.]  §  4.  That  any  person  up¬ 
on  whom  any  fine  or  penalty  shall  be  imposed  for  a  violation  of 
any  of  the  Village  ordinances,  who  shall  be  committed  to  the 
county  jail,  or  the  calaboose,  Village  prison,  work  house,  house  of 
correction,  or  other  place  provided  for  the  incarceration  of  offend¬ 
ers,  shall  be  required  to  work  for  the  corporation  at  such  labor  as 
his  or  her  strength  will  permit, within  or  without  such  piison,work 
house,  house  of  correction,  or  other  place  provided  for  the  in¬ 
carceration  of  such  offenders,  not  exceeding  ten  hours  each  work¬ 
ing  day;  and  for  such  work  the  person  so  employed  to  be  allowed, 
exclusive  of  his  or  her  board,  two  dollars  for  each  clay’s  work  on 
account  of  such  fine  andcosts. 


CHAPTER  X 


LIQUORS. 

Selling  or  Giving  Away  Liquors  Unlawfully.]  Section  i. 
That  it  shall  be  unlawful  for  any  person  or  persons,  by  agent  or 
otherwise,  to  sell,  barter  or  give  away,  directly  or  indirectly,  any 
whiskey,  rum,  brandy,  gin,  beer  or  mixed  liquors,  or  any  malt, 
spirituous  or  intoxicating  liquors  of  any  kind  or  quality, within  the 
corporate  limits  of  the  Village  of  Wellington. 

Penalty,  Etc  ]  §  2.  Any  person  or  persons  violating  section 

one  of  this  ordinance  on  conviction  thereof  shall  forfeit,  and  pay  a 
fine  of  not  less  than  Twenty  Dollars,  nor  more  than  One  Hundred 
Dollars  for  each  offense  proven  to  have  been  committed,  and  costs 
of  suit. 

How  Recovered.]  §  3.  The  said  above  mentioned  fine  may 
be  recovered  before  any  Justice  of  the  Peace, or  Police  Magistrate, 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  2  1 

in  an  action  of  debt  to  be  brought  in  the  name  of  the  Village  of 
Wellington  as  plaintiff.  The  first  process  shall  be  by  summons, 
provided,  however,  that  a  warrant  for  the  offender  may  issue  in 
the  first  instance,  upon  the  affidavit  of  any  person  that  such  ordi¬ 
nance  has  been  violated,  and  that  the  person  making  the  com¬ 
plaint  has  reasonable  grounds  to  believe  the  party  charged  is  guilty 
thereof,  and  upon  the  refusal  or  failure  by  any  one  fined  as  afore¬ 
said,  to  pay  the  same-,  it  shall  be  the  duty  of  the  Justice  of  the 
Peace  or  Police  Magistrate  to  commit  such  person  to  the  Village 
calaboose  until  such  fines  and  costs  are  paid,  not  exceeding,  how¬ 
ever,  the  term  of  six  months. 

Permits  to  Druggists.]  §  4.  The  Village  Board  of  the  Vil¬ 
lage  of  Wellington  may  grant  permits  to  all  the  druggists  who 
may  apply  therefor  to  them  in  writing,  stating  their  places  of  bus¬ 
iness,  to  retail  intoxicating  liquors  in  any  quantity  less  than  one 
quart,  for  medical,  mechanical,  chemical,  and  sacramental  pur¬ 
poses  only,  which  permit  shall  be  in  writing,  and  extend  to  the 
then  municipal  year,  and  such  permit  may  be  revoked  at  the 
option  of  the  Village  Board  by  resolution  to  that  effect. 

How  Granted — Bond.]  §  5.  All  druggists  whoever  may  be 
permitted  as  herein  provided  to  retail  intoxicating  liquors  in  less 
quantities  than  one  quart  for  medical,  mechanical,  chemical  and 
sacramental  purposes  only,  shall,  before  selling  or  otherwise  dis¬ 
posing  of  any  such  liquors,  file  a  bond  with  the  Village  Clerk, 
which  bond  shall  first  be  approved  by  the  Village  Board,  in  asilm 
or  penalty  of  not  less  than  Three  Hundred  Dollars,  payable  to  the 
Village  of  Wellington,  conditioned  that  he  will  not  violate  any  of 
the  provisions  of  this  ordinance,  and  he  shall  in  no  case  sell  such 
intoxicating  liquors  to  any  person,  except  on  prescription  of  a  reg¬ 
ular  practicing  physician,  who  is  not  interested  in  any  manner  in 
such  sale,  and  but  one  sale  shall  be  made  on  each  prescription, 
and  in  no  case  shall  a  sale  be  made  on  any  prescription  to  a  per¬ 
son  intoxicated,  or  who  is  in  the  habit  of  getting  intoxicated,  or  to 
any  person  to  be  used  as  a  beverage  or  drink. 

Monthly  Report  Made — Oath.]  §  6.  Any  druggist  having 
a  permit  to  sell  liquors  for  medical,  mechanical,  chemical  and 
sacramental  purposes,  as  provided  in  this  ordinance,  shall,  on  the 
first  regular  meeting  of  each  and  every  month,  file  a  report  in 
writing  with  the  Village  Clerk,  which  report  shall  contain  the 


22 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


name  of  every  person  to  whom  liquor  has  been  sold, and  on  whose 
prescription  sold,  the  name  or  kind  of  liquor  sold,  and  the  pur¬ 
pose  for  which  said  liquor  was  intended,  accompanied  by  such 
prescriptions  as  vouchers,  and  also  accompanied  by  the  affidavit 
of  such  druggist  that  the  same  is  a  true  and  correct  report  of  said 
sales,  and  that  he  has  sold  or  given  away  intoxicating  liquors  in  no 
other  cases.  Any  violation  of  the  foregoing  ordinance,  shall  sub¬ 
ject  the  offender  to  a  fine  of  not  less  than  Twenty  Dollars, and  not 
exceeding  One  Hundred  Dollars  for  each  offense. 

Prescription,  to  Whom  Given.]  §  7.  That  it  shall  be  un¬ 
lawful  for  any  physician  to  give  a  prescription  to  any  well  peison, 
or  person  who  is  in  apparent  good  health  to  enable  him  or  them 
to  get  any  of  said  liquor,  beverage  or  drink,  to  be  used  as  a  bev¬ 
erage,  and  any  physician  so  offending  shall  be  adjudged  guilty  of 
a  nuisance,  and  upon  conviction  thereof,  shall  be  fined  in  a  sum.  of 
Ten  Dollars  for  each  and  every  offense. 

Penalty  for  'Giving  to  Persons  Intoxicated.]  §  8.  That 

it  shall  be  unlawful  for  a  physician  to  give  a  prescription  to  any 
person  intoxicated,  or  who  is  in  the  habit  of  getting  iutoxicated, 
for  the  purpose  of  enabling  him  to  get  any  of  said  liquor,  bever¬ 
age  or  drink,  to  be  used  as  a  beverage,  and  any  physician  so  of¬ 
fending  shall  be  adjudged  guilty  of  a  nuisance,  and  upon  convic¬ 
tion  thereof  shall  be  fined  in  a  sum  of  Ten  Dollars  for  each  and 
pvery  offense. 

m • 

Penalty  for  Using  Such  Liquor  for  Beverage.]  §  9.  That 
it  shall  be  unlawful  for  any  person  obtaining  a  prescription,  from 
a  physician  for  intoxicating  liquors  for  medical,  mechanical, chem¬ 
ical  or  sacramental  purposes  for  any  member  of  his  family  or  per¬ 
son  under  his  employ,  or  otherwise,  to  use  said.liquor  as  a  bever¬ 
age  for  himself,  or  give  the  same' away  to  others  to  be  used  by 
them  as  a  beverage,  and  any  person  so  offending  shall  be  fined  in 
the  sum  of  Ten  Dollars  for  each  and  every  offense. 

Duty  of  Village  Officers  to  Complain.]  §  10.  It  shall  be 
the  duty  of  the  President  of  the  Village  Board,  Village  Marshal, 
and  all  other  police  officers  of  said  Village,  to  give  notice  to  the 
Village  Attorney  of  every  breach  of  this  ordinance  which  may 
come  to  their  knowledge,  and  the  Village  Attorney,  upon  said 
complaint  being  made  and  signed  by  the  party  complaining,  shall 
prosecute  suit  against  the  person  or  persons  so  offending. 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


23 


Permits  to  be  Signed  by  President,  Etc.]  §  11.  The 
permits  to  druggists  to  sell  liquors  for  medical,  mechanical,  chem¬ 
ical  and  sacramental  purposes,  shall  be  signed  by  the  President, 
and  bear  the  corporate  seal  of  the  Village  of  Wellington,  and  be 
certified  by-  the  Clerk,  said  druggist  paying  the  said  Clerk  One 
Dollar  therefor. 


CHAPTER  XI. 


MISDEMEANORS. 

Unlawful  Assembly.]  Section  i.  Any  two  or  more  persons 
who  shall  assemble  for  the  purpose  of  disturbing  the  peace,  or  by 
committing  any  unlawful  act,  and  who  shall  not  disperse  when 
commanded  or  requested  by  any  peace  officer,  shall  eac-h  and  sev¬ 
erally  be  subject  to  a  penalty  of  not  less  than  Three  Dollars,  and 
not  exceeding  One  Hundred  Dollars. 

/ 

Assault,  Assault  and  Battery.]  §  2.  Whoever  shall  assault, 
strike  or  fight  another,  or  shall  be  guilty  of  any  conduct  calculat¬ 
ed  to  provoke  a  breach  of  the  peace,  shall  be  subject  to  a  penalty 
of  not  less  than  Five  Dollars,  nor  more  than  One  Hundred 
Dollars. 

Disturbing  the  Peacf.]  §  3.  Whoever  shall  disturb  the 
peace  or  shall  be  guilty  of  any  violent,  tumultuous,  offensive  or 
disorderly  conduct,  or  shall  use  obscene,  offensive,  profane  or  un¬ 
seemly  language,  to  the  annoyance,  disturbance  or  vexation  of 
others,  shall  be  subject  to  a  penalty  of  not  less  than  Three  Dol¬ 
lars,  nor  more  than  One  Hundred  Dollars. 

Permitting  Unlawful  Assemblage.]  §  4.  Whoever  shall 

suffer  or  permit  any  assemblage  of  persons  for  the  purpose  of  dis¬ 
turbing  the  peace  or  of  committing  any  unlawful  act, or  any  breach 
of  the  peace,  or  any  riotous,  tumultuous  or  disorderly  conduct,  or 
any  loud  or  unusual  noise  or  disturbance,  or  obscene  or  profane 


24  ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

language,  to  the  annoyance,  disturbance,  or  vexation  of  others,  in 
or  upon  any  premises  occupied  by  him,  or  under  his  control,  shall 
be  subject  to  a  penalty  of  not  less  than  Five  Dollars,  nor  more 
than  One  Hundred  Dollars. 

Disturbing  Peace  of  Family.]  §  5.  Whoever  in  the  day  or 
night  time,  shall  wilfully  and  maliciously  disturb  the  peace  of  any 
person  or  family  by  loud  and  unusual  noises,  or  by  threatening, 
traducing,  quarreling,  challenging  to  fight,  or  fighting,  or  who¬ 
ever  shall  in  a  threatening  manner  display  any  pistol,  knife  or 
slung-shot,  brasS,  steel,  or  iron  knuckles, or  other  deadly  weapons, 
day  or  night,  shall  be  subject  to  a  fine  or  penalty  of  not  less  than 
Ten  Dollars,  nor  more  than  One  Hundred  Dollars. 

Aiding  Unlawful  Act.]  §  6.  Whoever  shall  aid,  abet  or  en¬ 
courage  any  unlawful  act,  or  any  violations  of  any  ordinance  of 
this  Village,  or  shall  be  guilty  of  resisting  or  hindering  any  officer 
or  officers  of  said  Village  in  making  any  arrest,  or  in  the  perform¬ 
ance  of  any  ether  lawful  duty,  shall  be  subject  to  a  penalty  of  not 
less  than  Twenty  five  Dollars,  nor  more  than  Two  Hundred 
Dollars. 

Disturbing  Assembly,  Etc.]  §  7.  Whoever  shall  wilfully, 
heedlessly  or  maliciously  disturb  any  assembly  of  persons  met  to¬ 
gether  for  any  lawful  purpose,  shall  be  subject  to  a  penalty  of  not 
less  than  Ten  Dollars,  nor  more  than  One  Hundred  Dollars. 

Drunkenness.]  §  8.  Whoever  shall  be  found  drunk,  or  in  a 
state  of  intoxication  in  any  public  place,  or  in  a  place  open  to 
public  view,  shall  be  subject  to  a  penalty  of  not  less  'than  Three 
Dollars,  nor  more  than  One  Hundred  Dollars. 

Indecent  Exposure.]  §  9.  Whoever  shall  purposely  or  pub¬ 
licly  make  an  indecent  exposure  of  his  or  her  person,  or  shall  ap¬ 
pear  in  a  dress  not  belonging  to  his  or  her  sex,  or  in  an  indecent 
or  lewd  dress,  or  in  a  state  of  nudity,  or  shall  be  guilty  of  any  in¬ 
decent  or  lewd  act  or  behavior  shall  be  subject  to  a  penalty  of  not 
less  than  Five  Dollars,  nor  more  than  One  Hundred  Dollars. 

Sale  of  Obscene  Books.]  §  10.  Whoever  shall  bring  with¬ 
in  the  limits  of  said  Village  for  the  purpose  of  sale  or  exhibition, 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  25 

or  shall  sell  or  offer  for  sale,  or  shall  give  away,  or  offer  to  give 
away,  or  shall  in  any  manner  exhibit,  or  shall  make,  draw,  print 
or  publish,  any  obscene,  indecent  or  scandalous  book,  pamphlet, 
newspaper,  journal,  print,  publication,  paper  or  writing  of  any 
kind,  or  any  obscene,  indecent  or  lewd  picture,  engraving,  card, 
photograph,  model,  cast  or  instrument,  or  any  article  of  indecent 
or  immoral  use,  shall,  on  conviction,  be  fined  not  less  than  Twen¬ 
ty-five  Dollars,  nor  more  than  Two  Hundred  Dollars  for  each 
offense. 

Having  Obscene  Books,  Etc.,  in  Possession.]  §  n.  Who¬ 
ever  shall  keep  or  have  in  his  possession  within  said  Village,  any 
of  the  obscene  or  indecent  articles,  or  things  mentioned  in  the  last 
preceding  section,  with  or  without  intent  to  sell  or  dispose  of  the 
same,  shall,  on  conviction,  be  fined  not  less  than  Five  Dollars, nor 
more  than  Fifty  Dollars. 

Obscene  Writing  or  Figure.]  §  12  Whoever  shall,  in  any 
place  open  to  public  view,  write,  mark,  draw,  cut  or  make  any 
obscene  or  indecent  word,  sentence,  design  or  figure,  shall  be  fined 
not  less  than  Five  Dollars  nor  more  than  One  Hundred  Dollars. 

Indecent  Exhibition  of  Animals.]  §  13.  Whoever  shall  in¬ 
decently  exhibit  any  stud  horse,  bull,  jack,  or  other  animal, in  any 
public  place,  or  shall  let  any  such  animal, except  in  some  enclosed 
place  out  of  public  view,  shall  be  subject  to  a  penalty  of  not  less 
than  Five  Dollars,  and  not  exceeding  One  Hundred  Dollars. 

Gambling.]  §  14.  Whoever  shall  in  any  manner  gamble  or 
play  for  any  money,  or  other  valuable  thing,  or  for  any  check  or 
anything  representing  or  intended  to  represent  money,  or  other 
valuable  thing,  at  any  game  with  cards,  dice,  checks,  billiards,  or 
with  any  other  article,  instrument  or  thing  whatsoever,  which  may 
be  used  for  the  purpose  of  playing  or  betting  upon,  or  winning  or 
losing  money,  or  other  thing  of  value;  or  whoever  shall  bet  on  any 
such  game  when  played  by  others,  shall,  for  each  offense,  be  fined 
not  less  than  Ten  Dollars,  nor  more  than  Two  Hundred  Dollars. 

Gaming  House.]  §  15.  Whoever  shall  keep  or  maintain  any 
gaming  house  or  room,  or  any  place  where  gaming  or  betting  of 
any  kind  is  done  or  going  on,  or  whoever  shall  be  an  inmate  of 
any  room,  house  or  place,  where  gaming  of  any  kind  is  going  on, 


26  ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

or  is  allowed, or  whoever  shall  frequent  the  same  or  shall  be  found 
therein,  shall,  for  either  offense  be  fined  not  less  than  Five  Dol¬ 
lars,  nor  more  than  One  Hundred  Dollars. 

Leasing  Premises  for  Gaming,]  §  16.  Whoever  shall 

knowingly  rent  or  lease  to  another, any  building, room  or  piemises, 
to  be  used  or  occupied,  in  whole  or  in  part,  as  a  gaming  house,  or 
place  for  persons  to  come  together,  to  play  for  money  or  other 
valuable  thing,  at  any  game,  or  to  bet  upon  any  game  of  chance, 
or  shall  knowingly  permit  the  same  to  be  used  or  occupied,  shall 
be  fined  not  less  than  Ten  Dollars,  nor  more  than  Two  Hundred 
Dollars. 

Duty  of  Police  Force — Refusal  of  Admittance  of  Police — 
Penalty.]  §  17.  It  shall  be  the  duty  of  all  members  of  the 
police  force  to  report  to  the  President  each  house,  room  or  place, 
within  the  Village,  wherein  gaming  of  any  kind  is  carried  on,  or 
wherein  any  games,  devices,  tables  or  other  instruments  or  things 
for  the  purpose  of  gaming,  or  may  be  set  up  or  maintained;  and 
said  police  officers  shall  use  and  take  all  lawful  means  to  suppress 
and  prevent  gaming  or  the  playing  at  the  tables,  games  or  devices 
aforesaid,  and  for  this  purpose,  when  and  as  often  as  any  of  them 
shall  have  reasonable  cause  to  suspect  that  any  such  table,  game 
or  device  is  set  up,  kept  or  maintained  as  aforesaid,  or  that  any 
gaming  of  any  kind  is  being  carried  on  or  done  in  any  house, room 
or  place,  contrary  to  the  ordinances  of  the  Village,  he  shall  make 
a  complaint  thereof,  before  some  police  magistrate  or  justice  of 
the  peace,  and  obtain  a  warrant  authorizing  him  to  enter  such 
building,  room  or  place;  and  said  police  officer  shall  thereupon 
have  authority  to  demand  entry  therein,  and  any  person  or  per¬ 
sons  who  shall  refuse  or  neglect  to  open  the  door  or  entrance  to 
such  house,  room  or  place,  upon  the  application  of  any  police  of¬ 
ficer  having  such  warrant,  shall  forfeit  and  pay  a  fine  of  not  less 
than  Twenty  Dollars,  nor  more  than  Two  Hundred  Dollars  for 
each  offense. 

Police  to  Destroy  Gaming  Implements.]  §  18.  It  is  here¬ 
by  made  the  duty  of  every  police  officer  to  seize  any  table,  instru¬ 
ment  or  device,  or  thing  used  for  the  purpose  of  gaming;  and  all 
such  table,  instruments,  devices  or  things  shall  be  d^stroved;  any 
person  resisting  or  obstructing  any  member  of  the  police  force  in 
the  performance  of  any  act  authorized  by  this  section  shall  be 
fined  not  less  than  Twenty  Dollars,  nor  more  than  Fifty  Dollars 
for  each  offense. 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  27 

Cruelty  to  Animals.]  §  19.  Whoever  shall  cruelly  or  un¬ 
necessarily  beat  or  otherwise  maltreat  any  dumb  animal,  or  shall 
by  gun  or  otherwise  unnecessarily  kill  or  destroy  any  bird  or  birds, 
in  any  public  ground  or  street  or  in  any  private  grounds  without 
the  consent  of  the  owner  or  occupant  thereof,  shall  be  subject  to  a 
fine  of  not  less  than  Five  Dollars,  nor  more  than  Fifty  Dollars. 

Injuring  Public  Property.]  §  20.  Whoever  shall  wilfully, 
maliciously  or  negligently,  deface,  destroy  or  otherwise  injure  any 
public  property  of  the  state,  county  or  village,  or  any  private 
property,  or  any  trees,  on  public  or  private  grounds,  or  being  the 
owner  or  having  control  of  any  stock  which  shall  break,  deface  or 
destroy  any  tree  or  other  property  shall  be  subject  to  a  penalty  of 
not  less  than  Five  Dollars,  and  not  exceeding  One  Hundred  Dol¬ 
lars. 

H  itching  Horses  to  Trees,  Etc.]  §  21.  Whoever  shall 
without  the  consent  of  the  owner  or  occupant  of  the  premises, 
fasten  any  horse  or  any  other  animal  to  any  fence,  railing,  or  tree, 
or  any  boxing  placed  around  any  tree,  or  post,  put  up,  or  stick 
any  hand  bills,  placard  or  other  show  bill  or  notice  upon  any 
building  or  place,  shall  be  subject  to  a  penalty  of  not  less  than 
Five  Dollars,  and  not  exceeding  One  Hundred  Dollars. 

Fast  Driving.]  §  22.  Whoever  shall  purposely  and  rapidly 
or  immoderately  ride  or  drive  any  horse  or  mule,  or  any  cattle  or 
other  like  animals  or  any  team  in  any  street  or  alley  in  the  inhab¬ 
ited  part  of  the  Village  may  be  stopped  by  any  person,  and  shall 
be  stopped  by  any  peace  officer  of  the  Village,  and  shall  be  s  ub- 
ject  to  a  fine  or  penalty  of  not  less  than  Five  Dollars,  nor  more 
than  One  Hundred  Dollars. 

Leaving  Animals  Unfastened.]  §  23.  Whoever  shall  have 
or  leave  any  horse,  mule  or  team  in  an  uninclosed  or  public  place 
without  being  properly  guarded  or  secured  so  as  to  prevent  it  run¬ 
ning  away,  shall  be  subject  to  a  penalty  of  not  more  than  One 
Hundred  Dollars. 

Scaring  Horses.]  §  24.  Whoever  shall  by  riding  any  bicycle 
in  the  streets  or  on  the  sidewalks  of  said  Village,  or  shall  by  any 
other  means  wilfully  or  negligently  frighten  any  horse,  mule,  or 
other  animal,  being  at  the  time  ridden  by  any  person  or  attached 


28 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


to  any  vehicle,  shall  be  fined  not  less  than  Three  Dollars,  nor  more 
than  Fifty  Dollars. 

Vehicle  to  Pass  to  the  Right.]  §  25.  Any  person  driving 
any  vehicle  on  any  street,  bridge  or  thoroughfare  of  said  Village, 
shall,  upon  meeting  any  other  vehicle,  turn  off,  and  drive  to  the 
right,  so  as  to  pass  the  same  without  injury.  Any  person  who 
shall  injure  the  person  or  property  of  another,  by  violating  the 
section,  shall  be  fined  not  less  than  Three  Dollars,  nor  more  than 
Fifty  Dollars. 

Burglar  Tools.]  §  26.  Any  person  having  in  his  possession 
any  nippers,  of  the  description  known  as  burglar’s  nippers,  or  any 
pick  lock,  skeleton  key,  key  to  be  used  with  a  bit  or  bits,  jimmy, 
or  other  burglar’s  tool  or  instrument  of  whatever  kind  or  descrip¬ 
tion,  unless  it  be  shown  that  such  possession  is  innocent  or  for  a 
lawful  purpose,  shall  be  fined  not  less  than  Twenty-five  Dollars 
nor  more  than  Two  Hundred  Dollars. 

Amusements  on  Sunday.]  §  27.  Whoever  shall  on  Sunday, 
disturb  the  peace  or  good  order  of  society  by  any  displavor 
amusement,  shall  be  subject  to  a  penalty  of  not  less  than  Five 
Dollars,  nor  more  than  One  Hundred  Dollars. 

Firing  Cannon,  Gun,  Etc.]  §  28.  Whoever  shall  within  the 
inhabited  part  of  the  Village,  fire  or  discharge  any  cannon,  gun, or 
pistol,  or  other  fire  arms,  or  shall  set  off  or  explode  any  torpedo, 
fire-cracker,  fire-ball  or  rocket,  or  other  fireworks  whatever,  shall 
be  subject  to  a  penalty  of  not  less  than  Five  Dollars,  and  not  ex¬ 
ceeding  One  Hundred  Dollars.  But  the  setting  or  exploding  of 
fireworks, and  the  making  of  bonfires  upon  the  National  Holidays, 
and  the  celebration  of  other  public  and  general  events,  or  the  dis¬ 
charge  of  fire  arms  by  any  military  company  when  on  parade  and 
in  accordance  with  the  command  of  the  commanding  officer,  or  by 
command  or  permission  of  any  Village  officer,  or  person  in  the 
discharge  of  any  legal  duty  or  act, when  the  same  may  be  required 
as  a  necessity  or  act  of  usefulness,  and  is  done  in  such  a  manner 
as  not  to  endanger  the  safety  of  any  person,  or  the  injury  of  any 
property,  or  any  officer  in  discharge  of  his  duties,  shall  not  be 
•  deemed  violations  of  this  ordinance. 

Houses  of  III  Fame.]  §  29.  Whoever  shall  keep,  maintain, 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  2g 

frequent,  be  an  inmate  of,  or  connected  with,  or  contribute  to  the 
support  of  any  disorderly,  gaming  or  bawdy  house,  houses  of  ill 
fame  or  of  assignation, or  any  place  for  the  practice  of  fornication, 
or  shall  knowingly  suffer  or  permit  any  premises,  owned  or  occu¬ 
pied  by  him,  or  under  his  control,  to  be  used  for  any  such  pur¬ 
poses,  shall  be  subject  to  a  penalty  of  not  less  than  Twenty -five 
Dollars  nor  more  than  One  Hundred  Dollars,  and  the  provisions 
of  this  section  shall  extend  three  miles  beyond  the  Village  limits. 

Leaving  Open  Cellar  Door,  Etc.]  §  30.  Whoever  shall  in 
the  night  time  leave  any  cellar  door,  vault,  well,  cistern,  excava¬ 
tion,  ditch,  or  other  like  place,  upon  or  adjoining  any  street,  alley 
or  sidewalk,  without  securing  and  protecting  the  same,  so  as  not 
to  endanger  the  safety  of  persons  or  animals  passing  thereby  from 
falling  in,  shall  be  subject  to  a  penalty  of  not  less  than  Five  Dol¬ 
lars,  nor  more  than  One  Hundred  Dollars. 

Disturbing  Lawful  Assembly.]  §  31.  Any  person  or  persons 
who  in  the  night  time,  shall  be  assembled  together  or  disturbing 
any  lawful  assembly  of  persons,  or  making  any  unusual  noise  or 
disturbance,  to  the  disquiet  or  annoyance  of  any  person  or  per¬ 
sons,  or  who  may  be  found  loitering  or  strolling  about,  or  who, 
while  committing  any  of  the  acts  above  set  forth,  shall  not  dis¬ 
perse  and  go  to  their  homes  when  required  by  the  President  or 
any  of  the  Village  Board,  or  by  any  police  officer,  shall  be  subject 
to  a  penalty  of  not  less  than  Five  Dollars  and  not  exceeding  Fifty 
Dollars. 

Drinking  in  Public.]  §  32.  If  two  or  more  persons  shall 
#  assemble  together,  or  who,  being  together,  shall  in  any  public 
place,  or  in  any  place  open  to  public  view,  within  the  corporate 
limits  of  the  Village  of  Wellington,  drink  any  vinous,  spirituous, 
fermented,  mixed,  malt,  or  other  intoxicating  liquors  of  any  kind 
whatever,  shall  be  deemed,  and  are  hereby  declared  guilty  of  a 
nuisance,  and  shall  be  subject  to  a  penalty  of  not  less  than  Five 
Dollars,  and  not  exceeding  One  Hundred  Dollars  for  each  offense. 

o 

Obstructing  Street  or  Alley.]  §  33.  No  person  shall  in¬ 
cumber  or  obstruct  any  street,  alley  or  sidewalk  so  as  to  hinder,  . 
delay  or  render  passage  along  the  same  difficult  or  unsafe,  either 
by  the  piling  up  of  boxes,  building  materials,  or  in  any  other  man¬ 
ner  whatsoever,  except  by  permission  of  the  President  or  Village 


30 


ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON. 


Marshal.  Any  person  or  persons  violating  any  of  the  provisions 
of  this  section  shall  be  subject  to  a  penalty  of  not  less  than  Five 
Dollars,  nor  more  than  Fifty  Dollars  for  each  offense. 

Obstructing  Stairways.]  §  34.  No  person  shall,  with  other 
persons,  congregate  upon  or  about  any  stairway, doorway,  window, 
or  in  front  of  any  building  or  dwelling  house,  theatre,  lecture- 
room,  church  or  elsewhere,  and  by  so  doing  obstruct  or  interfere 
with  the  free  passage  of  persons  entering  or  occupying  any  such 
building  or  premises,  or  by  his  or  her  language,  conversation  or 
conduct,  annoy,  insult  or  disturb  persons  passing  along  the  street, 
or  alley,  or  occupying,  residing  or  doing  business  in  any  of  the 
said  houses  or  places;  any  person  or  persons  violating  any  of  the 
provisions  of  this  section  shall  be  subject  to  a  penalty  of  not  less 
than  Five  Dollars,  and  not  exceeding  Fifty  Dollars. 

Throwing  Stones — Slings,  Etc.]  §  35.  Any  boy  or  other 
person  who  shall  cast  or  throw  any  stone,  brick,  club,  snow-ball,  ‘ 
or  other  missile  at  any  person,  or  from  or  into  any  public  place, or 
at,  againsr,  into  or  upon  any  tree,  building,  premises,  or  other 
property,  or  shall  use,  play  with  or  have  in  his  possession  a  sling 
of  any  character,  air  gun,  spring  gun,  nigger  shooter,  or  any  other 
instrument,  or  device  whatsoever,  for  the  casting  or  throwing  of 
stones,  bullets  or  other  things,  shall  be  fined  not  less  than  One 
nor  more  than  Twenty  Dollars.  And  it  is  hereby  made  the  duty 
of  the  Village  Constable  or  any  police  officer  or  watchman  of  this 
Village  to  take  possession  of,  and  destroy  any  such  sling,  instru¬ 
ment  or  device  found  in  the  possession  of  a  iy  such  boy  or  person 
aforesaid. 

Tramps  and  Vagrants.]  §  36.  That  all  persons  who  are  idle 
and  dissolute,  and  loiter  about  the  Village  without  means  of  sup¬ 
port,  or  go  about  begging  from  house  to  house,  and  also  all  per¬ 
sons  found  lodging  in  or  found  in  the  night  time  in  outhouses, 
sheds,  barns,  or  unoccupied  buildings,  or  lodging  in  the  open  air, 
and  not  giving  a  good  account  of  themselves,  shall  be  deemed  to 
be,  and  are  hereby  declared  to  be  vagabonds,  and  shall  be  subject 
to  a  penalty  of  not  less  than  One  Dollar,  nor  more  than  Ten  Dol¬ 
lars  for  each  offense,  and  in  default  of  payment  of  said  fine  shail 
be  imprisoned  in  the  calaboose  until  such  fine  and  costs  are  paid, 
or  to  work  on  the  streets  at  $2.00  per  day,  until  the  fine  and  costs 
and  expenses  are  paid;and  it  is  hereby  made  the  duty  of  the  Village 
Constable  and  police  officers  to  arrest  such  person  or  persons  on 
view. 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  3 1 

Boys  Making  Disturbances,  Etc.]  §  37.  Any  two  or  more 
boys  who  may  be  assembled  together  and  disturbing  any  lawful' 
assembly  of  persons,  or  making  any  unusual  noise  or  disturbance, 
to  the  disquiet  or  annoyance  of  the  neighborhood;  or  who  may  ,be 
found  loitering  or  strolling  around  in  the  night  time,  and  who 
shall  not  disperse  and  go  to  their  several  homes  when  required  by 
the  President  or  any  police  officer,  shall  each,  severally, be  subject 
to  a  penalty  not  exceeding  Five  Dollars  in  each  case. 

Concealed  Weapons.]  §  38.  Whoever  shall  carry  concealed 
about  his  person,  any  pistol,  revolver,  derringer,  bowie-knife, dirk, 
slung  shot,  metallic  knuckles,  or  a  razor,  as  a  weapon,  or  any 
other  deadly  weapon  of  like  character,  capable  of  being  concealed 
upon  the  person,  or  whoever  shall  in  a  threatening  or  boisterous 
manner,  flourish  or  display  the  same,  shall  be  fined  not  less  than 
Ten  Dollars,  nor  more  than  One  Hundred  Dollars;and  in  addition 
to  the  said  penalty  shall,  upon  the  order  of  the  magistrate  or 
justice  before  whom  such  conviction  is  had,  forfeit  to  the  Village 
the  weapon  so  carried. 

\ 

Judgment  Entry.]  §  39.  Whenever  any  person  shall  be 
convicted  of  carrying  any  weapon  in  violation  of  the  preceding 
section  or  section  5,  it  shall  be  the  duty  of  the  magistrate  before 
whom  such  conviction  is  had  to  enter  upon  his  docket  as  a  part  of 
the  judgment  in  such  cause,  the  forfeituie  of  the  weapon  so  car¬ 
ried,  which  entry  may  be  substantially  as  follows: 

“And  it  is  further  considered  by  the  court,  that  the  said  de¬ 
fendant  do  forfeit  and  deliver  to  the  Village  of  Wellington  the 
said  weapon,  to-wit:  (here  describe  weapon;)”  and  thereupon  the 
Village  Constable  shall  take  possession  of  such  weapon,  and  keep 
the  same  subject  to  the  direction  of  the  Village  Board. 

Resisting  an  Officer.]  §  40.  Whoever  shall  wilfully  hinder, 
delay,  resist  or  obstruct  any  Village  officer,  or  any  person  legally 
authorized  by  him,  in  the  discharge  of  his  duty,  or  shall  aid,  abet, 
or  encourage  £ny  such  hindering,  delaying,  resisting  or  obstruct¬ 
ing, or  shall  neglect  or  refuse  to  obey  any  lawful  order  or  directions 
of  any  such  officer,  shall  be  subject  to  a  fine  of  not  less  than  Five 
Dollars,  and  not  exceeding  One  Hundred  Dollars  for  each  offense. 

Rescuing  Prisoners,  Etc.]  §  41.  Whoever  shall  rescue  or 
attempt  to  rescue,  or  shall  abet  or  encourage  the  rescue  or  escape 


32 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


of  any  person  from  the  custody  of  any  officer,  or  other  person 
legally  having  him  in  charge,  or  shall  molest  or  interfere  with  any 
officer  or  other  person  so  legally  having  any  person  in  custody;  or 
shall  aid,  abet,  or  encourage  the  rescue  or  escape  or  the  attempt 
to  escape,  from  any  prison  of  any  person  legally  committed  there¬ 
to,  or  shall  supply  or  attempt  to  supply  any  such  person  with  any 
weapon,  or  with  any  implement  or  means  of  escape, or  for  attempt 
to  escape,  or  with  any  intoxicating  liquors,  shall  in  each  case,  be 
subject  to  a  penalty  of  not  less  than  Twenty-five  Dollars,  and  not 
exceeding  One  Hundred  Dollars  for  each  offense. 

Re-Arrest  of  Escaped  Prisoners  ]  §  42.  Whenever  any 

person  who  shall  escape  from  any  prison  or  place  of  confinement 
to  which  he  has  been  legally  committed,  or  shall  escape  from  any 
officer  or  other  person  having  him  in  custody,  it  shall  be  the  duty 
of  the  constable  and  all  police  officers  to  re-arrest, without  process, 
the  party  so  escaping  whenever  he  may  be  found  and  re  commit 
him  to  prison  or  deliver  him  into  the  custody  of  the  officer,  or 
person  from  whom  he  escaped. 

Lotteries  Prohibited.]  §  43.  Whoever  shall  maintain  or  run 
or  be  in  any  way  connected  with  any  lottery,  or  any  establishment, 
enterprise  or  business,  by  whatever  name  the  same  may  be  known, 
wherein  any  property  is  sold  or  disposed  of  by  chance,  or  who¬ 
ever  shall  permit  any  such  lottery,  establishment,  enterprise  or 
business  in  any  building  or  premises  owned  or  controlled  by  him, 
or  whoever  shall  within  said  Village,  sell  or  dispose  of  any  lottery 
tickets  or  shares,  or  any  chance  on  any  article  or  thing  entitling 
or  purporting  to  entitle  the  purchaser  thereof  to  any  chance,  or 
whoever  shall  within  said  Village  sell  or  dispose  of  any  package 
or  article  purporting  to  contain  a  prize,  or  where,  as  an  induce¬ 
ment  to  purchase,  it  is  held  out  that  such  article  or  package  may 
contain  £  prize,  or  may  entitle  the  purchaser  to  some  article  or 
thing  of  value  not  directly  contemplated,  and  known  in  the  pur¬ 
chase,  shall,  on  conviction,  be  fined  not  less  than  Twenty  Dollars 
nor  more  than  One  Hundred  Dollars  for  each  offense. 

Selling  Tobacco,  Etc.,  to  Any  Minors.]  §  44.  No  person, 
persons,  firm  or  corporation,  within  the  corporate  limits  of  the 
Village  of  Wellington,  shall  sell,  buy  for  or  furnish  any  cigar, 
cigarette,  or  tobacco  in  any  form, to  any  minor  under  sixteen  years 
of  age,  unless  upon  the  written  order  of  parent  or  guardian.  Any 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


33 


person,  persons,  firm  or  corporation  violating  any  of  the  provis¬ 
ions  of  this  section  shall  be  fined  not  less  than  Ten  Dollars,  nor 
more  than  One  Hundred  Dollars. 

License  for  Selling  Cigarettes.]  §  45.  No  person,  per¬ 
sons,  firm  or  corporation  shall,  within  the  corporate  limits  of  the 
Village  of  Wellington  sell  or  give  away,  or  keep  for  sale  or  giving 
away,  any  cigarette  or  cigarettes  without  first  obtaining  therefor  a 
license  from  the  Village  Clerk.  The  license  shall  be  Five  Hundred 
Dollars  for  each  year.  And  any  one  violating  any  of  the  provis¬ 
ions  of  this  section  shall  be  fined  not  less  than  Ten  Dollars  nor 
more  than  One  Hundred  Dollars. 

Weighing  or  Drawing  Explosives  by  Artificial  Light.] 
§  46.  Whoever  shall  by  gas  light,  lamp  light,  or  any  artificial 
light,  weigh  any  gun  powder,  or  gun  cotton,  or  draw  any  kerosene 
oil  or  burning  fluid,  from  any  cask  or  barrel,  shall  be  fined  not 
less  than  Three  Dollars,  nor  more  than  Fifty  Dollars. 

Throwing  Peel  or  Rind  on  Walks.]  §  47.  Whoever  shall 
throw,  cast,  lay  or  place  on  any  sidewalk  in  said  Village,  the  rind 
or  peel  of  any  orange,  banana,  apple  or  other  fruit  shall  be  fined 
not  less  than  Three  Dollars,  nor  more  than  Ten  Dollats. 

« 

Injuring  Pavement,  Walk,  Drain,  or  Sewer.]  §  48.  Who¬ 
ever  shall  tear  up  or  injure  any  pavement,  sidewalk,  cross  walk, 
drain  or  sewer,  or  shall  hinder  or  obstruct  the  making  or  repairing 
of  same,  or  of  any  other  public  work  or  improvement  being  done 
under  Village  authority,  shall  be  fined  not  less  than  Ten  Dollars, 
nor  more  than  Two  Hundred  Dollars. 

Injuring  Telephones,  Etc.]  §  49.  Whoever  shall  wilfully, 
maliciously  or  negligently,  break,  deface,  destroy,  or  in  any  other 
manner  injure  any  street  lamp  or  light,  or  any  other  lamp  or  light 
pole  or  post,  telephone,  electric  light,  or  telegraph  wire,  or  in  any 
manner  injure  any  telegraph,  telephone  or  electric  plant  in  the 
Village  of  Wellington,  shall  be  subject  to  a  penalty  of  not  less 
than  Five  Dollars,  and  not  exceeding  One  Hundred  Dollars. 

False  Alarm  of  Fire.]  §  50.  Whoever  shall  knowingly 

make  or  give  a  false  alarm  of  fire,  or  any  false  cry  for  assistance, 


34 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


shall  be  fined  not  less  than  Three  Dollars,  nor  more  than  One 
Hundred  Dollars. 

Loitering  About  Depot,  Etc.]  §  51.  Any  person  who  shall 
idle,  loaf  or  loiter  in  or  around  the  depot  of  any  railroad,  or  upon 
the  platform  or  grounds  adjoining  thereto,  and  used  in  connection 
therewith;  or  shall  in  any  manner  impede,  obstruct  or  disturb  any 
officer  or  employe  of  such  railroad  while  engaged  in  performing 
his  lawful  business  connected  therewith,  or  shall  in  any  manner, 
molest,  disturb,  meddle  with,  or  take  or  carry  away  any  property 
of  such  company,  or  any  property  in  course  of  transportation 
thereon,  without  permission  from  the  proper  agents  or  servants  of 
the  company  operating  said  railway;  or  shall  in  any  manner  inter¬ 
fere  with  or  disturb  any  passenger  or  traveler  in  or  about  such  de¬ 
pot,  platform  or  grounds,  or  other  person  having  lawful  business 
to  transact  there,  shall  in  either  case  be  guilty  of  a  misdemeanor, 
and  be  fined  not  less  than  Three  Dollars,  nor  more  than  Two 
Hundred  Dollars. 

Accessori ks. ]  §  52.  Whoever  aids,  abets,  assists,  advises  or. 

encourages  the  commission  of  any  act  prohibited  by  ordinance,  or 
by  any  indirect  means,  causes  or  procures,  any  such  offense  to  be 
committed,  or  whoever  commits  an  offense  through  the  interven¬ 
tion  of  an  agent,  servant,  employe  or  person  under  his  control, 
shall  be  deemed  guilty  fo  the  full  extent,  and  may  be  proceeded 
against  in  the  same  manner  as  though  said  offense  had  been  com¬ 
mitted  by  him  directly,  and  with  his  own  hand,  and  any  such 
agent,  servant,  or  other  person  doing  any  prohibited  act  for  or  on 
behalf  of  another  shall  be  deemed  guilty  of  such  act  equally  with 
his  employer  or  principal,  and  be  subject  to  the  same  penalty  ex¬ 
cept  in  such  cases  where  a  different  or  other  penalty  is  provided 
by  ordinance  for  such  agent  or  employe. 

Interfering  With  Inspector  of  Public  Works.]  §  53.  That 
where  any  contract  is  hereafter  let  for  any  public  improvement  or 
public  work  by  the  Village  of  Wellington  or  its  Board  of  Local 
Improvements  and  there  is  a  provision  therein  that  the  work  shall 
be  done  under  an  inspector,  who  shall  before  entering  upon  his 
duties  take  the  oath  and  qualify  as  a  public  officer  of  said  Village, 
such  inspector  is  hereby  vested  with  police  power.  Such  inspector 
shall  at  all  times  have  freq  and  full  access  to  the  said  work, and  all 
parts  of  the  same,  and  shall  have  free  opportunity  to  inspect  and 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


35 


examine  the  same,  and  shall  have  full  power  and  authority  to  decide 
whether  the  said  work  or  any  part  thereof  is  done  or  being  done 
according  to,  or  in  conformity  with,  the  plans  and  specifications 
provided  for  the  same,  and  in  case  the  said  inspector  shall  decide 
that  the  work  or  any  part  thereof  is  not  done, or  is  not  being  done, 
in  accordance  with  or  in  conformity  to  the  plans  and  specifications 
thereof,  he  shall  have  power  to  stop  the  same,  or  any  part  thereof 
upon  giving  notice  to  the  contractor  performing  said  work,  or  to 
the  superintendent  in  charge  of  r  ime,  and  any  person  or  persons 
continuing  said  work,  or  attempting  so  to  do,  Ter  such  notice  as 
aforesaid  shall  be  guilty  of  a  misdemeanor  and  subject  to  a  fine  of 
not  less  than  Ten  Dollars  and  not  exceeding  Two  Hundred  Dol¬ 
lars  for  each  offense.  # 

Violating  Specifications  for  Sidewalks.]  §  54.  No  person 
or  persons  shall  put  down  within  the  Village  of  Wellington  any 
brick  or  cement  walk  not  in  conformity  with  the  general  ordinances 
therefore,  as  set  forth  in  sections  14  and  15  in  ordinance  entitled 
“Streets,  Alleys  and  Sidewalks,”  unless  especially  permitted  to  do 
so  by  the  Village  Board,  and  any  person  or  persons  violating  the 
provisions  of  this  section  shall  be  subject  to  a  penalty  of  not  less 
than  Ten  Dollars,  nor  more  than  Four  Hundred  Dollars. 

Injuring  Sewers,  Etc.]  §  55.  Any  person  or  persons  who 
shall  cut,  fill  up,  injure,  destroy,  break  into,  make  connections 
with  or  in  any  manner  impair  the  usefulness  of  any  sewer, drain,  or 
ditch  constructed  within  the  corporation  limits  of  the  Village  of 
Wellington,  without  first  having  obtained  from  the  President  a 
written  permit  so  to  do,  shall  be  subject  to  a  fine  of  not  less  than 

Fifteen  Dollars,  nor  more  than  Twenty-five  Dollars. 

,  .  / 

• 

Curfew.]  §  56.  That  no  minor  under  the  age  of  sixteen  years 
shall  be  allowed  to  loiter  about  the  streets  of  the  Village  of  Well¬ 
ington,  after  the  hour  of  8  o’clock  at  night, unless  accompanied  by 
parent  or  legal  guardian.  Any  minor  violating  the  provisions  of 
this  section  shall  be  fined  not  less  than  One  Dollar  and  not  ex¬ 
ceeding  Ten  Dollars.  It  is  hereby  made  the  duty  of  the  Village 
Constable  to  ring  the  bell  at  one  of  the  churches,  in  said  Village 
each  evening  at  8  o’clock  so  that  all  minors  may  know  the'  hour. 

Concerning  Bicycles,  Etc.]  §  57.  That  it  shall  be  unlaw¬ 
ful  for  any  person  or  persons  to  ride  any  bicycle,  tricycle  or  other 


ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON. 


36  ' 

• 

similar  vehicle  on  any  sidewalk  at  any  time  within  corporate  limits 
of  said  Village,  and  that  no  person  or  persons  shall  ride  any  bicy¬ 
cle,  tricycle  or  other  similar  vehicle  on  any  public  street  or  alley 
betwe.en  the  time  of  one  hour  after  sunset,  and  one  hour  before 
sunrise,  unless  such  bicycle,  tricycle  or  similar  vehicle  be  equip¬ 
ped  with  a  light,  and  any  person  or  persons  violating  the  condi¬ 
tions  of  this  section  shall  be  fined  not  less  than  Three  Dollars  nor 
more  than  Twenty  Dollars  for  each  offense. 

Driving  or  Riding  on  Sidewalks.]  §  58.  Whoever  shall  be 
guilty  of  riding  or  driving  any  animal  of  the  species  of  horse,  cow, 
sheep  or  hog,  or  riding  or  driving  any  wagon,  buggy,  cart,  dray  or 
other  similar  vehicle  or  causing  same  to  be  driven  on  any  sidewalk 
in  said  Village  shall  be  fined  not  to  exceed  Fifty  Dollars  for  each 
offense. 

Spitting  on  Walks,  Etc.]  §  59.  Whoever  shall  be  guilty  of 
spitting  upon  the  sidewalks,  or  upon  the  floors  of  public  places  or 
buildings,  within  the  Village  of  Wellington  shall  be  subject  to  a 
penalty  of  One  Dollar  for  each  offense. 


-  V 
V 


CHAPTER  XII. 


NUISANCES. 

Cellars,  Vaults,  Drains.]  Section  i.  Whoever  shall  suffer 
or  permit  any  cellar,  vault,  drain  pool,  privy,  sewer,  yard, grounds 
or  premises, owned, occupied  or  controlled  by  him  to  become  from 
any  cause,  nauseous, foul  or  offensive  or  injurious  to  public  health, 
or  unpleasant  or  disagreeable  to  adjacent  residences,  or  to  any 
person  passing  along  any  street  or  alley  near  the  same;  or  any 
person  or  persons  who  shall  knowingly  suffer  or  permit  any  dead 
animal  belonging  to  him,  or  of  which  he  has  charge,  to  remain 
within  the  village  or  within  one  mile  thereof,  shall  be  deemed 
guilty  of  a  nuisance;  and  any  such  person  or  persons  committing 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  37 

any  of  the  aforesaid  nuisances,  who  shall  neglect  or  refuse  to 
abate,  remedy  or  remove  the  same  after  notice  thereof  by  the 
President,  Village  Constable,  or  Sanitary  Committee,  shall  be 
fined  not  less  than  Three  Dollars,  nor  more  than  Fifty  Dollars, 
and  shall  be  subject  to  a  penalty  of  not  less  than  One  Dollar  nor 
more  than  Ten  Dollars  for  each  day  he  shall  suffer  or  permit  such 
nuisance  to  remain  after  the  expiration  of  the  time  fixed  by  said 
notice  for  the  abatement  of  the  same. 

Duty  of  Officers.]  §  2.  When  any  nuisance  or  anything 
likely  to  become  a  nuisance  shall  be  found  by  the  Village  Consta¬ 
ble,  member  of  the  Sanitary  committee  or  other  officer  of  said  Vil¬ 
lage, or  if  said  nuisance  shall  be  reported  to  them  or  either  of  them 
it  shall  then  be  the  duty  of  the  Village  Constable  to  serve  or  cause 
to  be  served,  a  notice  upon  the  owner,  tenant  or  occupant  of  the 
premises  where  such  nuisance  exists,  or  the  author  of  the  same, 
thereby  notifying  him  to  abate,  remedy  or  remove  the  same  within 
a  certain  time,  to  be  specified  in  said  notice,  which  shall  not  be 
less  than  twelve  hours,  nor  more  than  twenty  days,  owing  to  the 
nature  or  character  of  the  nuisance  complained  of. 

In  case  the  person  so  notified  shall  not  comply  with  said  notice, 
the  Constable  or  any  police  officer  of  the  said  Village,  shall  enter 
upon  the  premises  where  such  nuisance  exists,  and  abate,  remedy 
or  remove  the  same,  and  shall  forthwith  bring  suit  against  such 
person  or  persons  in  the  name  of  the  Village,  for  the  penalty  in¬ 
curred  by  the  violation  of  this  ordinance  or  any  section  thereof, 
and  the  costs  of  the  abatement  or  removal  of  such  nuisance  may 
also  be  recovered  with  the  penalty  or  by  a  separate  suit  in  the 
name  of  the  Village  before  any  court  having  jurisdiction. 

Slaughter  Houses,  Etc.]  §  3.  That  any  slaughter  house 
within  the  Village,  or  within  one  mile  of  the  Village  limits,  be¬ 
coming  offensive  or  injurious  to  public  health,  is  hereby  declared 
a  nuisance,  and  shall  subject  the  owner  or  person  occupying  or 
controlling  the  same  to  a  penalty  of  Five  Dollars,  and  a  further 
penalty  of  Five  Dollars  a  day  for  every  day  allowed  to  remain 
after  notice  to  remove  the  same. 

Dangerous  Buildings.]  §  4.  Any  building  or  erection  or 
part  thereof,  which  shall  be  in  danger  of  falling,  or  otherwise  in 
such  condition  as  to  endanger  the  safety  of  persons  passing  under, 
or  near  the  same,  or  residing  adjacent  thereto,  or  to  endanger  any 
property  contiguous  thereto,  is  hereby  declared  to  be  a  nuisance. 


38  ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

Duty  of  the  President.]  §  5.  When  knowledge  of  any 
such  dangerous  building  or  erection  shall  come  to  the  President, 
he  shall,  without  delay,  summon  three  disinterested  citizens,  of 
the  Village,  who  shall  with  him  inspect  such  building  or  erection, 
and  if  they,  or  a  majority  of  them,  shall  be  of  the  opinion  that  the 
same  endangers  the  safety  of  persons  passing  under  and  near  the 
same,  or  residing  adjacent  thereto,  or  any  property  contiguous 
thereto,  the  President  shall,  without  delay,  notify  or  cause  to  be 
notified  the  person  or  owner  having  charge  of  the  same,  forthwith 
to  remove,  demolish,  or  otherwise  secure  the  same,  or  such  part 
thereof,  as  may  be  necessary;  and  upon  his  failing  or  refusing  to 
comply  with  such  notice,  the  President  shall,  without  delay,  cause 
such  building  or  erection, or  such  part  thereof  as  may  be  necessary 
to  be  removed,  demolished  or  otherwise  secured,  so  as  to  be  safe 
and  harmless,  and  the  owner  of  such  building  or  erection,  or  per¬ 
son  having  charge  of  same,  who  shall  fail  or  refuse  to  comply  with 
such  notice,  shall  be  subject  to  a  penalty  of  not  less  than  Twenty 
Dollars,  and  not  exceeding  One  Hundred  Dollars.  And  the  costs 
of  removing,  demolishing  or  securing  such  building  or  erection, 
shall  be  reported  to  the  Village  Board  by  the  President,  and  the 
same  may  be  collected  from  the  owner  of  such  building  or  erection, 
or  person  having  the  same  in  charge,  by  suit  in  the  name  of  the 
Village,  before  any  court  having  jurisdiction. 

a 

Privy  Vaults.]  §  6.  That  all  privy  vaults  that  now  exist,  or 
that  may  hereafter  be  made  in  the  Village  of  Wellington,  shall  be 
not  less  than  four  feet  in  depth,  and  no  privy  vault  shall  be  con¬ 
structed,  or  allowed  to  remain,  less  than  forty  feet  from  any  ad¬ 
joining  dwelling.  And  any  violation  of  this  ordinance  shall  subject 
the  offender  to  a  fine  of  not  less  than  Five  Dollars,  and  not  ex¬ 
ceeding  Twenty  Dollars  for  each  offense. 

Littering  Streets.]  §  7.  No  person  shall  allow  husks, straw, 
cobs,  or  manure  to  fall  from  their  vehicles  while  passing  along  or 
upon  any  street  of  said  Village,  littering  the  same;  any  person 
violating  the  provisions  of  this  section  shall  be  liable  to  a  penalty 
of  not  less  than  Five  Dollars,  nor  more  than  Twenty-five  Dollars 
for  each  offense. 

Smoking  or  Spitting  in  Public  Buildings.]  §  8.  That 
smoking  in,  or  spitting  tobacco  or  tobacco  juice  or  spitting  upon 
the  floor  of  any  public  building  within  the  Village  of  Wellington, 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


39 


is  hereby  declared  a  nuisance  and  any  person  so  offending  shall  be 
fined  not  less  than  Five  Dollars,  nor  more  than  Twenty  Dollars. 

Breaking  of  Colts  Upon  Streets.]  §  9.  That  the  break¬ 
ing  of  colts  upon  the  streets  of  the  Village  of  Wellington,  be,  and 
the  same  is  hereby  declared  to  be  a  nuisance,  and  any  person  who 
shall  break  a  colt  upon  the  streets  of  said  Village,  or  drive  any 
wild  or  vicious  animal  upon  said  streets  shall  be  fined  not  less 
than  Five  Dollars,  and  not  more  than  Fifty  Dollars. 


CHAPTER  XIII 


\ 


OFFICERS. 


Officers  Appointed.]  Section  i.  There  shall  be  appointed 
annually  by  the  President, with  the  approval  of  the  Village  Board, 
the  following  Village  Officers,  viz:  A  Village  Constable,  a  Village 
Superintendent  of  Streets,  a  Pound-keeper,  and  such  number  of 
police  as  the  Village  Board  may  by  resolution  deem  necessary  and 
expedient. 


Chief  of  Police.]  §  2.  The  Village  Constable  of  said  Village 
shall  be  Chief  of  Police,  and  all  policemen  and  watchmen  (subject 
to  the  general  supervision  of  the  President)  shall  be  under  his  di¬ 
rection  and  control.  It  shall  be  his  duty  at  all  times  to  preserve 
the  public  peace  and  enforce  the  ordinances,  and  whenever  a  vio¬ 
lation  of  any  ordinance  of  said  Village  shall  come  to  his  notice,  or 
be  reported  to  him,  he  shall  without  delay,  cause  a  proper  com¬ 
plaint  to  be  made  before  the  proper  court,  and  assist  in  procuring 
the  evidence  of  the  successful  prosecution  of  the  offender.  It  shall 
be  his  duty  to  have  charge  of  the  engine  room,  and  see  that  the 
fire  engine,  and  all  the  appliances  for  extinguishing  fires  are  in 
proper  shape  and  order,  and  at  all  times  ready  for  immediate  use; 
and  he  shall  report  to  the  Village  Board  at  the  first  meeting  in 
each  month  the  condition  of  such  department. 


4o 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


Charge  of  Calaboose.]  §  3.  He  shall  have  charge  of  the 
calaboose  and  other  public  buildings  belonging  to  the  Village,  and 
shall  see  that  they  are  in  necessary  order  and  repair.  It  shall  be 
his  duty  to  be  present,  together  with  the  police  force  under  his 
charge,  at  each  fire  without  delay  and  remain  there  during  the 
continuance  of  such  fire,  (unless  required  to  leave  in  the  perform¬ 
ance  of  his  official  duty)  and  assist  in  extinguishing  the  same,  and 
preserving  and  protecting  property,  and  performing  general  police 
duties. 

To  Keep  a  Record.]  §  4.  It  shall  be  the  duty  of  the  Village 
Constable  to  keep  a  record  of  all  the  arrests  made  by  him, in  which 
shall  be  entered  the  name  of  the  person  arrested,  the  crime  or 
misdemeanor  charged,  and  fine  imposed  by  the  court,  together 
with  the  date  of  such  arrest,  and  he  shall  include  this  in  his  an¬ 
nual  report  to  the  Board. 

Magistrate’s  Report.]  §  5.  That  it  shall  be  the  duty  of  the 
Police  Magistrate,  and  Justice  of  the  Peace  before  whom  suits 
may  be  brought  in  favor  of  said  Village,  to  make  and  report,  in 
writing  to  the  Village  Board  all  fines  imposed  or  collected  by  them, 
in  which  they  shall  specify  the  name  of  the  person  charged,  the 
amount  of  fine  imposed,  and  the  date  of  same,  which  report  shall 
be  certified  to  by  said  Justice,  and  all  money  due  the  Village  be 
paid  the  Village  Treasurer,  which  report  shall  be  made  at  the  end 
of  each  quarter. 

Duties  of  Village  Clerk.]  §  6.  The  Village  Clerk  shall 
keep  the  corporate  seal  of  said  Village,  and  all  papers  belonging 
to  the  Village.  He  shall  attend  all  meetings  of  the  Village  Board, 
and  keep  a  full  record  of  all  its  proceedings  in  its  journal.  He  shall 
keep  full  and  complete  accounts  and  exhibits  of  all  financial  trans¬ 
actions  of  the  Village,  to  be  entered  upon  such  books  as  are  pro¬ 
vided  for  the  purpose, including  in  such  accounts  all  claims  against 
the  Village,  as  the  same  may  be  allowed,  and  all  orders  for  the 
payment  of  money  granted,  and  on  what  account.  He  shall  pre¬ 
serve  in  his  office  all  bills  on  which  any^  money  may  be  paid  out  by7 
the  Village,  which  shall  be  neatly  folded  and  endorsed  with  the 
name  of  the  payee  thereon.  He  shall  issue  all  licenses,  in  ac¬ 
cordance  with  the  ordinances  of  the  Village,  and  shall  keep  a 
record  in  a  suitable  book  of  each  license  granted,  for  what  pur¬ 
pose,  for  what  length  of  time,  the  location  of  the  place  of  busi¬ 
ness  for  which  the  license  was  obtained  and  the  amount  of 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  41 

license  fees  obtained.  He  shall  perform  such  other  and  further 
duties  pertaining  to  this  office  as  may  be  necessary,  or  as  the  Vil¬ 
lage  Board  may  from  time  to  time  direct. 

Duties  of  Village  Attorney,]  §  7.  It  shall  be  the  duty  of 
the  Village  attorney  to  prosecute  all  suits  for  the  recovery  of  fines 
or  penalties,  before  any  court,  for  the  violation  of  any  of  the  laws 
or  ordinances  of  said  Village,  to  institute  or  defend  any  suit  which 
may  be  brought  into  court  by  or  against  the  Village,  or  which  may 
be  brought  by  or  against  any  of  its  officers, on  account  of  any  of 
their  official  acts.  To  draft  all  ordinances,  bonds,  contracts, leases, 
conveyances,  and  other  instruments  of  writing,  as  may  be  required 
by  the  business  of  the  Village,  and  to  furnish  his  writen  opinion 
upon  any  legal  question  submitted  to  him  for  such  opinion  by  the 
Village  Board,  and  to  regularly  attend  all  meetings  of  said  Board. 
And  he  shall  also  make  any  reports  concerning  any  suits  to  which 
the  Village  may  be  party,  whenever  directed  to  do  so  by  the 
Board. 

Trial  of  Person  Arrested — Continuance — Bail  ]  §  8.  When¬ 
ever  any  person  shall  be  arrested  for  any  offense,  if  any  police 
magistrate  is  at  his  office,  the  prisoner  shall  be  immediately  taken 
before  such  magistrate,  and  if  the  Village  and  the  prisoner  are 
both  ready,  a  trial  may  at  once  be  had:  but  either  party  may  have 
a  continuance  for  a  reasonable  time  to  procure  witnesses,  or  for 
other  good  cause  shown;  and  the  prisoner  shall  enter  into  a  recog¬ 
nizance,  with  surety  to  be  approved  by  the  magistrate  for  his  ap¬ 
pearance  at  the  time  of  trial;  and  in  default  of  such  recognizance 
he  shall  be  confined  in  the  Village  calaboose  until  the  time  fixed 
for  trial,  and  until  the  further  order  of  the  court. 

Arrest  at  Night.]  §  9.  All  persons  arrested  in  the  night 
time,  or  at  other  times  when  no  police  magistrate’s  court  shall  be 
open,  shall  be  confined  in  the  Village  calaboose  until  the  next 
morning,  or  until  a  trial  can  be  had,  or  if  arrested  on  Saturday 
night,  or  on  Sunday,  then  he  shall  be  confined  as  aforesaid  until 
Monday  morning,  when  the  prisoner  shall  be  taken  before  a  police 
magistrate,  and  a  trial  had,  or  the  cause  continued  as  provided  in 
the  preceding  section. 

Prisoners  Drunk  When  Arrested.]  §  10.  Whenever  any 
person  arrested  for  any  offense  shall,- at  the  time  of  arrest, be  drunk 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


42 

or  intoxicated,  the  officer  making  such  arrest  shall  take  such  per¬ 
son  and  confine  him  in  the  calaboose,  until  he  shall  become  sober; 
and  he  shall  then  be  taken  before  a  police  magistrate  for  trial  as 
provided  in  other  cases. 

Statement  to  be  Filed.]  §  n.  When  any  suit  for  the 
violation  of  any  of  the  Village  ordinances  shall  be  commenced  by 
summons  before  any  police  magistrate  or  justice  of  the  peace,  the 
Village  Attorney  or  some  other  officer  of  the  Village,  shall  file  a 
statement  signed  by  him,  substantially  as  follows,  viz: 

“ A .  B.,  to  the  Village  of  Wellington ,  Dr  ,  to . dollars  for  the 

violation  of  the .  section  [or  sections)  of  an  ordinance  of  the  Village  of 

Wellington,  entitled  [here  set  forth  the  title  of  the  ordinance )  passed  on  the 

. day  of . 19 [or  of  the  Village  charter  as  the  case 

may  be)  in  this,  to-wit :  that  the  said  A-  B., on  or  about  the . day  of 

. ,  A.  I).  19  . . .,  before  the  commencement  of  this  suit  did,  at  the  Vil¬ 
lage  of  Wellington  [or  within  the  jurisdiction  of  said  Village),  [here  state  the  par¬ 
ticular  violation  or  violations  complained  of,  as  near  as  may  be,  in  the  language 
of  the  ordinance  of  the  Village  charter).  Signed,  C.  D." 

Witness  and  Jur/  Fees.]  §  12.  Witnesses  and  jurors  at¬ 
tending  before  any  Police  Magistrate  in  any  suit  or  action  for  any 
fine  or  penalty  arising  under  the  ordinances  of  the  Village  shall  in 
case  judgment  is  obtained  against  the  offender  and  collected  from 
him,  be  entitled  to  the  same  fees  as  in  like  cases  before  Justices  of 
the  Peace.  But  no  costs  of  any  kind  shall  be  taxed  against  or 
collected  of  the  Village.  But  in  case  the  defendant  is  acquitted, 
the  Magistrate  or  Justice  of  the  Peace  before  whom  the  case  is 
tried  may  present  to  some  regular  meeting  of  the  Village  Board  a 
transcript  of  his  docket,  showing  the  cost  accrued  to  him  in  said 
cause,  which  bill  the  Village  may  pay  or  refuse  to  pay,  in  its  dis¬ 
cretion. 

Oath  of  Office.]  §  13.  All  officers,  whether  elected  or  ap¬ 
pointed,  shall  before  entering  upon  the  duties  of  their  respective 
offices,  take  and  subscribe  to  the  following  oath  or  affirmation: 

“I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  constitution  of  the  United  States,  and  the  constitution 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


43 


of  the  State  of  Illinois,  and  that  I  will  faithfully  discharge  the 

duties  of  the  office  of . ,  according  to  the  best  of  my 

ability.  ” 

Official  Bonds.]  §  14.  All  officers,  whether  elected  or  ap¬ 
pointed,  except  aldermen,  shall,  before  entering  upon  the  duties 
of  their  respective  offices,  execute  a  bond  with  security,  to  be  ap¬ 
proved  by  the  Village  Board, payable  to  the  Village  of  Wellington, 
in  such  penal  sum  as  may,  by  resolution  or  ordinance,  be  directed, 
conditioned  for  the  faithful  performance  of  the  duties  of  the  office, 
and  the  payment  of  all  moneys  received  by  such  officer,  according 
to  law,  and  the  ordinances  of  said  Village. 

Board  of  Local  Improvements.]  §  15.  That  the  President 
of  the  Village  of  Wellington,  together  with  the  chairman  of  the 
Street  and  Alley  committee,  and  the  chairman  of  the  Fire  and 
Water  committee,  be  and  they  are  hereby  constituted  a  board  of 
Local  Improvements  of  the  Village  of  Wellington,  and  such  of¬ 
ficers  of  said  Village,  shall  continue  to  constitute  such  board  of 
local  improvements  until  otherwise  provided  by  law,  or  the  ordi¬ 
nance  of  said  Village. 

Fees  and  Salaries.]  §  16.  That  the  President  of  the  Board 
of  Trustees  shall  receive  as  his  salary  the  sum  of  One  Dollar  per 
year. 

That  each  member  of  the  Board  of  Trustees  shall  receive  as  his 
salary  the  sum  of  One  Dollar  per  year. 

That  the  salary  of  the  Village  Clerk  be  and  the  same  is  hereby 
fixed  at  the  sum  of  Twenty-five  Dollars  per  year. 

That  the  salary  of  the  Village  Attorney  be  and  the  same  is  here¬ 
by  fixed  at  the  sum  of  Twenty-five  Dollars  per  year.  And  in  addi¬ 
tion  thereto  he  shall  be  entitled  to  the  sum  of  Three  Dollars  for 
each  conviction  before  a  police  magistrate  or  justice  of  the  peace, 
which  said  amounts  shall  be  exclusive  of  business  in  courts  of 
record,  for  which  there  shall  be  paid  a  reasonable  fee  to  be  audited 
and  paid  as  other  claims  against  the  Village. 

That  the  Village  Treasurer  shall  be  allowed  and  paid  as  his 
compensation,  one  per  cent,  on  all  moneys  paid  out  by  him. 

That  the  salary  of  the  Village  Constable  be  and  the  same  is 
hereby  fixed  at  the  sum  of  Twenty-five  Dollars  per  month,  and  in 
addition  thereto  he  shall  be  allowed  to  receive  all  fees  collected 
by  him  on  process  coming  to  his  hands, as  such  Village  Constable, 
and  which  are  legally  collectable,  under  the  laws  of  the  state. 


44 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


CHAPTER  XIV. 


ORDINANCES. 

Ordinance  Repealed  in  Force  Till  When.]  Section  i.  When 
any  ordinance  or  part  of  any  ordinance  shall  be  repealed  or  modi¬ 
fied  by  any  subsequent  ordinance,  the  ordinance  or  part  of  ordi¬ 
nance  thus  repealed  or  modified  shall  continue  in  force  until  the 
ordinance  repealing  or  modifying  the  same  takes  effect,  unless  it 
shall  be  therein  otherwise  expressly  provided. 

\ 

Fines  Not  Released,  Etc.]  §  2.  No  fine,  penalty,  right, 
action,  suit, debt  or  other  liability  now  existing  in  favor  of  the  said 
Village  of  Wellington,  by  virtue  of  the  ordinances  heretofore  in 
force,  or  that  may  be  now  in  force,  shall  be  released,  discharged 
or  in  any  wise  effected  by  the  adoption  of  these,  the  revised  ordi¬ 
nances  of  said  Village,  but  all  such  fines,  penalties,  rights, actions, 
suits,  debts,  or  demands  may  be  prosecuted, recovered  or  enjoyed, 
and  all  proceedings  commenced  or  completed  thereon, and  all  suits 
now  pending,  prosecuted  to  final  judgment  under  the  ordinances 
in  force  when  such  fine,  penalty,  right,  action,  suit,  debt  or  de¬ 
mand  accrued, or  under  which  such  suit  was  commenced  as  fully, 
and  in  all  respects  as  if  such  ordinances  had  not  been  repealed. 

Enrollment  of  Ordinances — Duties  of  Clerk.]  §  3.  All 
ordinances  passed  by  the  Village  Board  shall  be  enrolled  by  the 
Village  Clerk,  in  the  record  book  of  Ordinances, and  shall  be  prop¬ 
erly  indexed  by  their  titles  or  subjects,  and  he  shall,  without  de¬ 
lay,  cause  all  ordinances  required  by  law  to  be  so  publishsd  or 
posted,  to  be  published  in  the  newspaper  authorized  to  publish  the 
ordinance  of  the  Village,  with  his  certificate  under  the  corporate 
seal  attached,  that  the  same  is  a  true  and  authentic  copy  of  the 
original  ordinance,  or  ordinances,  and  that  it  is  printed  and  pub¬ 
lished  or  posted  by  authority  of  the  Village  Board.  He  shall  pro- 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


45 


cure  the  affidavit  of  the  printer  or  publisher  of  the  newspaper  pub¬ 
lishing  the  ordinances  of  the  Village  of  the  due- publication  of  such 
ordinances,  and  attach  the  same  to  the  original  ordinance,  or  he 
may  write  and  attest  such  affidavit;  or  any  other  competent  proof 
of  such  due  publication  upon  the  face  of  the  record  of  ordinances. 
The  Village  Clerk  shall  file  and  preserve  the  originals  of  all  ordi¬ 
nances  in  his  office,  and  he  may  correct  any  errors  in  the  num¬ 
bering  or  any  chapter  or  section  of  any  ordinance,  and  insert  the 
proper  numbers;  and  he  may  omit  words  inserted  or  supply  with 
brackets  words  omitted  by  clerical  mistake.  He  shall  attend  to  the 
printing  or  posting  of  all  ordinances  requiring  publication  or  post- 
ting,  or  ordered  to  be  published  or  posted,  and  read  the  proof 
sheets  thereof, and  see  that  they  are  correctly  and  properly  printed 
and  published  or  posted. 

Two  Offenses — Election  of  Prosecutor.]  §  4.  Whenever 
any  fine  or  penalty  shall  be  imposed  by  different  ordinances,  or 
sections,  or  clauses  of  different  ordinances,  for  the  same  offense, 
the  officer  or  person  prosecuting  may  choose  under  which  ordi¬ 
nance  or  section  to  proceed, and  the  recovery  under  the  same, shall 
be  a  bar  to  any  further  proceedings  under  any  other  provision  for 
the  same  offense. 

Old  Ordinances  in  Force.]  §  5.  All  ordinances  now  in 
force  in  the  Village  of  Wellington, and  not  inconsistent  with  these, 
the  revised  ordinances,  shall  remain  in  force  under  these  ordi 
nances  until  altered,  modified  or  repealed  by  the  Village  Board, 
after  these,  the  revised  ordinances,  shall  take  effect.  All  ordi¬ 
nances  or  parts  of  ordinances,  in  conflict  with  the  revised  ordi¬ 
nances,  or  any  chapter  or  section  thereof,  are  hereby  repealed. 


CHAPTER  XV. 


PEDDLERS. 

License  Required — Penalty.]  Section  i.  That  no  person 
shall  hawk  or  peddle  merchandise  or  other  articles  within  the  Vil- 


46  ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON. 

lage  of  Wellington,  without  a  license  therefor,  under  a  penalty  of 
not  less  than  Two  Dollars,  and  not  exceeding  One  Hundred  Dol¬ 
lars  for  each  offense. 

* 

Peddlers  Defined.]  §  2.  All  sales  of  goods  or  merchandise, 
or  the  offering  for  sale  of  any  goods  or  merchandise  by  any  person 
remaining  transiently  within  the  Village,  for  the  purpose  of  dis¬ 
posing  of  same  by  retail,  or  traveling  about  from  one  place  to  an¬ 
other  with  goods  or  merchandise,  and  selling  or  disposing  of  same 
by  retail,  or  offering  to  sell  or  dispose  of  same  by  retaii,  whether 
in  any  temporary  place  of  business  or  otherwise,  shall  be  deemed 
peddling  under  the  provisions  hereof:  Provided,  that  the  selling  of 
books,  which  are  sold  by  subscription  only,  shall  not  be  deemed 
peddling  under  this  ordinance. 

License  Price  per  Diem.]  §  3.  For  a  license  to  hawk  or  ped¬ 
dle  by  foot  peddlers  there  shall  be  taxed  Two  Dollars  per  day.  For 
peddlers  using  a  one  horse  vehicle,  Three  Dollars  per  day  shall  be 
taxed.  For  a  two  horse  vehicle,  Five  Dollars  per  day  shall  be 
taxed;  and  for  persons  located  transiently  in  a  room  or  rooms, 
Three  Dollars  per  day, or  Fifteen  Dollars  per  week;  but  no  license 
shall  be  required  for  peddling,  vending  or  marketing  vegetables, 
fruits  or  milk. 

Peddlers  Not  to  Enter  Buildings,  Etc.]  §  4.  No  ped¬ 
dler  shall  enter. any  private  dwelling  in  this  Village  without  being 
admitted  into  same,  or  shall  insist  upon  showing  or  sale  of  his 
goods  or  wares  to  any  person  therein  after  being  told  that  he  or 
she  does  not  wish  to  purchase  the  same,  or  shall  otherwise  vex  or 
annoy  any  person,  under  a  penalty  of  not  less  than  Three  Dollars, 
nor  more  than  One  Hundred  Dollars  for  each  offense,  and  a  for¬ 
feiture  of  his  license,  in  the  discretion  of  the  Village  Board. 

Discretion  of  President  in  Cases  of  Charity.]  §  5.  When¬ 
ever,  in  the  judgment  of  the  President  it  would  be  a  proper  charity 
to  allow  any  sick,  crippled  or  helpless  person,  or  any  person  in 
poverty  or  distress,  to  sell  or  peddle  notions,  or  other  like  prop¬ 
erty,  without  requiring  the  license  fees  herein  charged  to  be  paid, 
the  President  may  grant  such  person  a  permit  to  sell  free  of  charge, 
such  permit  to  be  revoked  at  any  time,  in  the  discretion  of  the 
President. 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


47 


CHAPTER  XVI. 


RAILROADS  AND  RAILROAD  TRAINS. 

Speed  Limited  to  Six  Miles  an  Hour.]  Section  i.  That  it 
shall  be  unlawful  for  any  person  or  persons,  or  corporation, to  run, 
drive  or  propel  in  any  manner  whatever,  along  any  railroad  track, 
side-track  or  switch,  within  the  corporate  limits  of  the  Village  of 
Wellington,  any  locomotive,  engine,  railroad  car, or  train,  or  train 
of  cars,  or  hand  car,  at  a  speed  of  exceeding  the  rate  of  six  miles 
per  hour,  provided  that  passenger  trains  may  be  so  run  at  the  rate 
of  ten  miles  per  hour  or  u  ’der. 

Penaltv,  Etc.]  §  2.  Any  person  or  persons,  or  railroad  cor¬ 
poration,  or  railroad  company  who  shall,  by  themselves,  their 
agents  or  employe,  violate  or  fail  to  observe  any  provisions  of  the 
foregoing  section,  shall,  for  each  violation  or  failure  to  observe 
the  same,  be  fined  not  less  than  Five  Dollars  nor  exceeding  Two 
Hundred  Dollars  for  each  offense. 

Obstructing  Street  Crossings.]  §  3.  That  it  shall  be  un¬ 
lawful  for  any  railroad  company,  or  corporation,  either  by  itself, 
its  agents,  engineers,  employes,  conductors,  or  for  any  conductor 
or  engineer  employed  by  any  railroad  company  or  railroad  cor¬ 
poration,  to  cause  or  allow  any  engine,  locontotive,  car  or  cars,  or 
train  of  cars,  to  stop  in  or  across  or  remain  in  or  across  any  street 
within  the  corporate  limits  of  the  Village  of  Wellington  for  a  space 
of  time  exceeding  five  minutes,  except  for  the  purpose  of  receiv¬ 
ing  or  discharging  passengers  or  the  United  States  mail,  or  to  re¬ 
ceive  the  necessary  fuel  or  water,  and  in  no  case  to  exceed  ten 
minutes  for  each  train,  car  or  locomotive. 


48  ORDINANCES  OK  THE  VILLAGE  OF  WELLINGTON. 

Penalty,  Etc.]  §  4.  Every  engineer  or  conductor  violating 
the  provisions  of  the  foregoing  section  shall  for  each  offense  for¬ 
feit  and  pay  to  the  said  Village  of  Wellington,  the  sum  of  not  less 
than  Ten  Dollars  nor  more  than  One  Hundred  Dollars,  to  be  re¬ 
covered  in  an  action  of  debt  in  the  name  of  the  Village  of  Well¬ 
ington,  and  the  corporation  or  company  on  whose  road  the  offense 
is  committed  shall  be  liable  for  the  like  sum. 

Jumping  on  Trains  Forbidden.]  §  5.  No  persons,  either 

minor  or  adult,  shall,  within  the  corporate  limits  of  Wellington, 
climb;  jump,  step,  stand  upon,  cling  to,  or  in  any  way  attach  him¬ 
self  to  any  locomotive,  engine, or  car,  either  standing  or  in  motion 
upon  any  part  of  the  track,  or  side  track,  or  Y  of  any  railroad,  un¬ 
less  in  so  doing  he  shall  be  acting  compliance  with  law,  or  by  per¬ 
mission,  under  the  lawful  rules  and  regulations  of  the  corporation 
then  owning  or  managing  such  railroad. 

Complaint  Made.]  §  6.  Whenever  any  officer,  agent  or  em¬ 
ploye  of  any  railroad  corporation  shall  have  any  information  that 
any  person  or  minor  has  violated  any  of  the  provisions  of  the  pre¬ 
ceding  section,  and  has  thereb}'  endangered  himself,  or  caused 
reasonable  alarm  to  others,  said  officer,  agent,  or  employe  shall, 
without  unnecessary  delay,  make  complaint  of  such  offense  against 
such  persons  or  minor  before  the  Police  Magistrate  of  said  Village 
of  Wellington,  or  before  some  Justice  of  the  Peace,  having  his  of¬ 
fice  within  the  corporate  limits  of  the  same. 

♦ 

Penalty,  Etc.]  §  7.  Any  person,  whether  minor  or  adult, 
who  shall  violate  any  of  the  provisions  of  section  five  of  this  ordi¬ 
nance,  shall  be  fined  for  each  offense,  not  less  than  One  Dollar, 
nor  more  than  Five  Dollars,  and  costs  of  suit.  Any  person  or 
minor,  who  after  conviction  under  the  preceding  section,  shall  fail 
or  neglect  to  pay  the  fine  and  costs  imposed  upon  him,  shall  be 
lodged  in  the  Village  calaboose,  until  the  same  are  fully  paid,  pro¬ 
vided  that  no  such  imprisonment  shall  exceed  six  months  for  any 
one  offense. 

Railroad  Crossings  and  Bridges.]  §  8.  All  railroad  com¬ 
panies  whose  tracks  now,  or  may  hereafter  enter,  or  pass  through 
the  corporate  limits  of  the  Village,  shall  respectively  construct,  re¬ 
pair,  and  maintain,  good,  safe  and  sufficient  Tulverts,  crossings 
and  bridges,  with  good  and  easy  approach  thereto,  on  the  public 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


49 


alleys,  streets  and  highways,  where  their  respective  tracks  pass 
under,  across  or  over  any  alley,  street  or  highway,  within  said 
Village. 

Neglect  After  Notice — Penalty.]  §  9.  Whenever  any 
crossing,  culvert  or  bridge  shall  be  needed  upon  the  line  of  any 
railroad,  within  the  Village,  or  shall  need  repairing,  it  shall  be  the 
duty  of  the  President  to  give  such  company  thirty  days  notice,  in 
writing,  of  the  work  to  be  done  and  the  place  where  required,  and 
any  railroad  company  neglecting  or  refusing  to  construct  or  repair 
any  crossing,  culvert  or  bridge,  after  having  received  thirty  days 
notice  so  to  do,  shall  be  fined  not  less  than  Five  Dollars, nor  more 
than  Fifty  Dollars,  for  each  day  of  said  neglect  or  refusal. 


Village  May  Build  Crossing  and  Recover  Cost.]  §.io.  In 
case  of  the  failure  or  refusal  of  any  railroad  company  to  construct 
or  repair  any  crossing,  culvert  or  bridge  when  duly  notified  by  the 
President  so  to  do,  as  provided  in  section  nine  hereof,  the  Village 
Board  may  order  such  crossing,  culvert  or  bridge,  to  be  construct¬ 
ed  or  repaired  as  may  be  needed,  at  the  expense  of  the  Village, 
and  such  company  shall  be  liable  to  the  Village  in  an  action  of 
debt  for  the  costs  thereof. 


CHAPTER  XVIJ. 


RULES,  ETC.,  FOR  GOVERNMENT  OF  VILLAGE  BOARD. 

Meetings  of  Board.]  Section  i.  The  regular  meetings  of 
the  Village  Board  shall  be  on  the  first  Monday  evening  of  each 
month  during  the  year,  and  shall  be  held  at  the  hour  of  seven  thir¬ 
ty  o’clock  p.  m.  from  October  first  to  March  first,  and  from  March 
first  to  October  first  at  eight  o’clock  p.  m.  Special  meetings  may 
be  called  by  the  President  or  a  quorum  of  the  Board  of  Trustees, 
in  which  case  it  shall  be  the  duty  of  the  Village  Constable  to  notify 
each  Trustee/ within  the  Village  of  such  special  meeting. 


5° 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

Standing  Committees.]  §  2.  It  shall  be  the  duty  of  the  Pres¬ 
ident  at  the  beginning  of  each  year,  for  w'hich  members  of  the  Vil¬ 
lage  Board  are  elected,  to  appoint  the  following  named  standing 
committees;  the  first  named  member  of  each  committee  to  be  the 
chairman  thereof,  and  each  committee  to  consist  of  not  less  than 
three  members,  viz: 

First:  Committee  on  Streets  and  Alleys. 

Second:  Committee  on  Public  Buildings  and  Grounds. 

Third:  Committee  on  Finance. 

Fourth:  Committee  on  Sidewalks. 

Fifth:  Committee  on  Sanitary  Affairs. 

Duties  of  Standing  Committees.]  §  3.  It  shall  be  the  duty 
of  the  standing  committees  to  keep  a  close  watch  over  the  affairs 
of  their  respective  departments,  and  to  promptly  investigate  any 
report  in  writing  upon  all  matters  referred  to  them  by  the  Board, 
and  perform  such  other  duties  as  may  be  from  time  to  time  as¬ 
signed  them. 


Streets  and  Alleys.]  §  4.  The  committee  on  streets  and  al¬ 
leys  shall  have  charge  of  and  direct  all  improvements  on  public 
thoroughfares;  the  opening,  laying  out,  widening,  extending,  and 
vacating  ths  same;  and  all  additions  to  the  Village. 

Public  Grounds  and  Buildings.]  §  5.  The  committee  on 
public  grounds  and  buildings  shall  have  charge  of  all  buildings 
and  grounds,  including  the  parks,  if  any,  belonging  to  or  occupied 
by  the  Village,  and  the  preservation,  repair  and  improvement  of 
the  same. 

Finance.]  §  6.  The  committee  on  finance  shall  have  charge 
of  all  matters  pertaining  to  the  Financial  condition  of  the  Village; 
audit  and  examine  the  Treasurer’s  reports;  receive  estimates  from 
the  other  committees,  for  annual  appropriations  and  prepare  and 
present  the  annual  appropriation  bill  and  shall  report  to  the  Vil¬ 
lage  Board,  at  each  regular  meeting  thereof  the  amount  of  expend¬ 
itures  made  at  the  previous  meeting  thereof  and  the  balance  unex¬ 
pended  in  each  department  of  appropriation. 

No  Member  to  Make  Contracts.]  §  7.  No  committee  of  the 
Village  Board  nor  any  member  thereof,  nor  other  officer  of  said 
Village, shall  expend  or  contract  for  the  expenditure  of  any  money 


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.ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  51 

belonging  to  the  Village,  or  incur  any  liability  for  or  on  behalf  of 
the  Village,  unless  authorized  so  to  do,  by  an  ordinance  or  resolu¬ 
tion  of  the  Board  or  by  express  provision  of  the  statute. 

Rules  of  Board.]  §  8.  The  following  rules  for  the  govern¬ 
ment  of  the  deliberation  of  Village  Board  are  hereby  adopted, 
to-wit: 

1.  Reading  minutes  of  preceding  meeting,  and  special  meeting, 
unless  dispensed  with,  and  their  amendment  or  correction, 

2.  Presentation  of  petitions,  claims,  and  reports  of  officers. 

3.  Reports  of  standing  committees. 

4.  Reports  of  special  committees. 

5.  Communications  to  the  Board. 

6.  Unfinished  business. 

7.  New  business. 

8.  No  member  shall  speak  more  than  twice  on  any  question, nor 
more  than  ten  minutes  at  one  time,  except  by  permission  of  the 
Board. 

9.  All  votes  of  the  Board  upon  the  passage  of  ordinances  or  au¬ 

thorizing  the  expenditure  of  any  money,  and  upon  the  confirma¬ 
tion  of  officer,  appointed  bv  the  President,  shall  be  taken  by  ayes 
and  noes,  and  be  entered  by  the  Clerk  upon  the  records  of  the 
Village.  , 

10.  All  petitions  and  other  communications  to  the  Board  shall  be 
in  writing  and  filed  away  and  preserved  by  the  Clerk. 

11.  In  all  cases,  the  name  of  a  member  offering  a  resolution  or 
motion  shall  be  entered  with  it  upon  the  journal. 

12.  On  all  points  not  herein  especially  provided  for,  Cushing’s 
Manual  of  Parliamentary  Usage  is  hereby  adopted  and  made  the 
law  governing  all  deliberations  of  said  Board. 

13.  The  President  shall  at  all  times  have  the  power  to  enforce 
the  strictest  parliamentary  discipline,  and  compel  the  attendance 
of  absent  members,  at  the  instance  of  any  two  members  present. 

14.  The  foregoing  rules,  or  any  of  them,  may  be  suspended  by 
the  unanimous  consent  of  the  majority  of  the  Board, and  not  other¬ 
wise. 


Fiscal  Year  ]  §  9.  The  fiscal  year  shall  commence  on  the 
first  day  of  May  and  end  on  the  last  day  of  April  in  each  and 
every  year,  and  th'e  Board  of  Trustees  shall  within  the  first  quar 
ter  of  each  fiscal  year,  pass  an  ordinance,  to  be  termed  the  annual 
appropriation  bill,  in  which  they  shall  appropriate  such  sum  or 


52 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


sums  of  money  as  may  be  deemed  necessary  to  defray  all  necessa¬ 
ry  expenses  and  liabilities  of  said  Village  in  which  ordinance  shall 
be  specified  the  objects  and  purposes  for  which  such  appropria¬ 
tions  are  made,  and  the  amount  appropriated  for  each  object  or 
purpose. 


CHAPTER  XVIII. 


STREETS,  ALLEYS  AND  SIDEWALKS. 

Depositing  Rubbish.]  Section  i.  No  person  shall  deposit, 
pile,  throw  or  sweep  any  rubbish,  dirt,  paper,  paper  boxes,  waste 
or  garbage  of  any  kind  into  said  streets  or  onto  the  sidewalks  along 
the  same.  Any  person  or  persons  violating  any  of  the  provisions 
of  this  section  shall  be  fined  not  exceeding  Five  Dollars  and  cost 
of  suit. 

Merchandise,  Signs  on  Sidewalk  ]  §  2.  No  clothing,  goods, 

wares,  merchandise,  signs, boxes  or  other  article  or  thing  whatever 
shall  be  placed  in  front  of  any  store,  shop,  office  or  other  place  in 
said  Village,  on  or  above  the  sidewalk,  or  in  or  upon  any  alley,  so 
as  to  occupy  more  than  three  feet  next  to  the  building  or  premises 
on  such  sidewalk  or  alley,  or  of  the  space  above  the  sidewalk  or 
aUey,and  such  articles  or  things  as  may  be  placed  on  the  sidewalk 
shall  not  be  more  than  three  feet  high  above  the  top  of  the  side¬ 
walk,  and  all  signs,  articles,  or  other  things,  that  maybe  hung  out 
or  placed  above  the  sidewalk,  shall  be  so  placed  or  hung  that  the 
lowest  part  of  such  articles  or  things  shall  be  at  least  seven  feet 
and  six  inches  above  the  top  of  the  sidewalk  and  shall  not  swing 
more  than  three  feet  from  the  building,  nor  shall  any  owner  or  oc¬ 
cupant  of  any  lot  or  premises  lease  the  space  aforesaid,  or  permit 
or  allow  the  same  to  be  used  or  occupied  for  his  or  their  own  use 
or  business;  nor  shall  said  space  be  used  for  selling  any  article  or 
thing  whatever;  any  person  or  persons  who  shall  violate  any  of 
the  provisions  of  this  section  shall  be  liable  to  a  penalty  of  Five 
Dollars  for  every  forty-eight  hours  the  same  shall  remain  after  be¬ 
ing  requested  to  remove  the  same  by  the  Village  Constable,  or 
other  officer  of  said  Village. 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


53 


Signs  to  be  Securely  Supported.]  §  3.  All  signs  extending 
over  or  fronting  upon  any  street,  alley  or  sidewalk  in  the  said  Vil¬ 
lage  of  Wellington  shall  be  securely  fastened  to  their  supports, and 
any  person  or  persons  owning  or  having  the  control  of  any  such 
sign  or  signs,  who  shall  permit  or  suffer  the  same  to  remain  in¬ 
securely  fastened  after  notice  of  the  fact  by  the  Village  Constable 
or  any  officer  of  said  Village, shall  pay  a  fine  of  not  less  than  Three 
Dollars,  nor  more  than  One  Hundred  Dollars  for  each  day  he  shall 
permit  the  same  to  remain. 

Creaking  Signs  a  Nuisance  ]  §  4.  Whoever  shall  erect  or 

maintain  a  sign  of  any  character,  whether  attached  to  a  building, 
a  post,  or  other  support,  and  which  sign  creaks,  or  makes  an  un¬ 
pleasant  or  disagreeable  noise,  when  moving  or  swinging  in  the 
air,  shall  be  deemed  guilty  of  a  nuisance;  and  upon  his  failing  to 
remedy  or  remove  such  sign  within  five  days  after  being  notified 
so  to  do  by  any  officer  of  the  Village,  shall  be  fined  not  less  than 
One  Dollar  nor  more  than  Ten  Dollars,  and  shall  be  subject  to  a 
like  penalty  for  each  day  he  permits  such  sign  to  so  remain  after 
the  expiration  of  said  five  days. 

Obstructions  to  Streets  Forbidden.]  §  5.  No  person  shall 
erect,  construct  or  cause  to  be  erected  or  placed,  or  constructed, 
any  building,  fence,  porch,  steps,  windows,  stairs,  railing  or  other 
obstruction  in  whole  or  in  part,  upon  any  street,  alley,  sidewalk 
or  other  public  grounds  within  said  Village. 

l 

Obstructing  Streets  by  Teams.]  §  6.  When  any  street  or 
alley  may  be  obstructed  by  a  press  of  teams,  wagons,  or  animals, 
the  President,  any  police  officer  or  any  member  of  the  Board  may 
give  such  orders  and  directions  as  may  be  deemed  necessary  for 
abating  the  obstruction;  and  whoever  shall  not  obey  such  orders 
and  directions  shall  be  subject  to  a  penalty  of  not  less  than  Three 
Dollars,  and  not  exceeding  One  Hundred  Dollars. 


Persons  Placing  Obstructions  , Liable  for  Damages.]  §  7. 
Whoever  shall  place  or  leave  or  cause  to  be  placed  or  left,  any 
encroachment,  incumberance  or  obstruction  in  or  upon  any  street, 
alley  or  sidewalk,  shall,  in  all  cases,  be  liable  to  the  Village  and 
to  private  persons  for  all  damages  or  injury  arising  from  such  en¬ 
croachment,  incumberance  or  obstruction. 


54  ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

Buildings,  Etc.,  in  Street  Not  to  be  Repaired.]  §  8.  No 
fixture,  building,  fence  or  other  erection  or  enclosure  extending  or 
encroaching  upon  any  road,  street,  alley  or  sidewalk,  contrary  to 
ordinance,  shall  be  repaired  or  rebuilt,  under  a  penalty  of  not  less 
than  Ten  Dollars,  and  not  exceeding  One  Hundred  Dollars. 

Removal  of  Building  Through  Streets.]  §  9.  No  person 
shall  move  or  cause  to  be  moved,  or  aid  in  removing  any  building 
through  or  across  any  street  or  alley  without  a  written  permit  from 
the  President,  nor  shall  he  in  removing  such  building  unnecessar¬ 
ily  incumber  or  obstruct  any  street  or  alley,  or  for  a  longer  time 
than  may  be  necessary  in  the  prompt  and  diligent  removal  of  such 
building,  under  a  penalty  of  not  less  than  Ten  Dollars  and  not  ex¬ 
ceeding  One  Hundred  Dollars  in  each  case, and  an  additional  pen¬ 
alty  of  not  less  than  Three  Dollars  for  each  day  such  building 
shall  unnecessarily  remain  in  any  street  or  alley. 

Digging  in  Streels,  Etc.]  §  10.  Whoever  shall  excavate, 
strip,  sap,  undermine,  or  in  any  manner  dig  away,  or  plow  any 
street,  alley,  or  highway  or  any  part  of  the  same,  shall  be  fined 
not  less  than  Three  Dollars,  nor  more  than  One  Hundred  Dollars. 

Owner  to  Remove  Obstruction  Upon  Notice.]  §  11.  The 
owner  of  any  building,  fence,  porch,  steps,  window,  stairs,  railing, 
or  other  obstruction,  now  standing  or  which  may  hereafter  be 
erected  or  placed  upon  any  street,  alley,  sidewralk, or  public  ground, 
within  the  Village,  or  which  may  be  left  standing  upon  any  new 
street  or  alley,  that  has  been  or  may  be  hereafter  opened,  who 
shall  not  remove  the  same  within  such  reasonable  time,  not  ex¬ 
ceeding  thirty  nor  less  than  three  days,  as  he  shall  be  required  so 
to  do  by  a  notice  served  upon  him,  signed  by  the  President, or  any 
police  officer  of  said  Village,  shall  be  subject  to  a  penalty  of  not 
less  than  Ten  Dollars  nor  more  than  Two  Hundred  Dollars, and  a 
further  penalty  of  Ten  Dollars  for  every  day  the  same  shall  re¬ 
main  after  the  expiration  of  the  time  fixed  in  such  notice. 

Removal  or  Selling  Earth  From  Streets.]  §  12.  Whoever 
shall  for  any  private  purpose,  dig,  remove  or  carry  away  any  earth 
from  any  street  or  alley  without  permission  of  the  Village  Board, 
shall  be  subject  to  a  penalty  of  not  less  than  One  Dollar  for  each 
load  removed  or  carried  away,  and  any  Village  officer  who  shall 
sell  or  dispose  of  any  earth  from  any  street  or  alley  for  his  private 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  55 

gain  or  benefit,  shall  be  subject  to  a  penalty  of  not  less  than 
Twenty-five  Dollars,  and  not  exceeding  One  Hundred  Dollars, 

Excavations  in  Street.]  §  13.  No  person  not  authorized 
by  ordinance  shall  make  any  excavation  in  any  street,  alley  or 
sidewalk,  without  a  written  permit  from  the  President,  under  a 
penalty  of  not  less  than  Three  Dollars,  and  not  exceeding  One 
Hundred  Dollars.  Any  person  making  or  causing  to  be  made  a  'y 
excavation  or  ditch,  for  an)'  purpose  in  any  street  or  alley,  or  side¬ 
walk,  shall,  without  any  unnecessary  delay,  cause  the  same  to  be 
filled  up  to  the  proper  level  of  the  street,  alley  or  sidewalk,  and 
shall  from  time  to  time,  if  necessary,  continue  to  repair  the  same 
until  the  earth  is  completely  settled  and  the  surface  conforms  to 
the  proper  level  of  the  street.  Any  person  tearing  up  any  plank 
or  paved  street  or  sidewalk,  or  bridge  or  culvert  for  any  purpose, 
or  negligently  injuring  or  breaking  the  same  by  the  removing  of 
any  building  over  the  same  shall,  without  delay,  cause  such  plank 
or  paved  street,  alley  or  sidewalk,  or  bridge  or  culvert  to  be  re¬ 
paired  and  replaced  in  the  same  condition  as  before  the  breaking 
or  injuring  thereof.  Any  person  making  or  causing  to  be  made 
any  ditch  or  excavation,  or  tearing  up.,  breaking  or  injuring  any 
plank  or  paved  street,  alley  or  sidewalk,  bridge  or  culvert, or  caus¬ 
ing  the  same  to  be  broken,  injured  or  torn  up,  who  shall  not  com¬ 
ply  with  the  requirements  of  this  section, shall  be  subject  to  a  pen¬ 
alty  of  not  less  than  Five  Dollars, and  not  exceeding  One  Hundred 
Dollars,  and  the  Village  Superintendent  of  Streets  shall,  without 
delay,  cause  such  filling  up  or  repairs  to  be  made  and  completed, 
and  the  costs  thereof  may  be  collected  of  any  person  whose  duty  it 
was  to  do  the  same,  and  recovered  with  a  penalty  or  in  a  separate 
suit,  in  the  name  of  the  Village. 

Brick  Sidewalk — Specifications.]  §  14.  That  all  brick  side¬ 
walks  hereafter  put  down  in  the  said  Village  of  Wellington  shall 
be  constructed  as  follows:  Such  walks  shall  be  constructed  of  a 
uniform  width  of  four  feet  in  front  of  residence  property,  and  of  a 
uniform  width  of  not  less  than  eight  feet  in  front  of  business  prop¬ 
erty,  and  shall  be  constructed  of  hard-  burned  vitrified  shale  brick, 
of  equal  or  superior  quality  to  the  Clinton,  Indiana  manufacture, 
they  shall  be  of  ordinary  size  and  shape,  laid  in  what  is  known  as 
the  “Herring  bone”  on  a  five  inch  bed  of  gravel,  and  one  inch  of 
screened  sand,  making  a  foundation,  six  inches  thick.  Said  gravel 
shall  be  thoroughly  and  evenly  tamped  down,  before  placing  the 


56  ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

sand  thereon.  The  walks  shall  be  laid  with  an  even  grade,  and  on 
each  side  thereof  a  line  of  bricks  shall  be  placed  firmly  on  edge, 
the  tops  of  which  shall  be  even  with  the  outer  surface  of  the  walk. 
There  shall  be  a  crown  of  one  fourth  of  an  inch  for  each  foot  in 
width.  When  laid  and  leveled  at  least  one  inch  of  fine  sifted  sand 
shall  be  spread  over  the  surface  of  the  walk,  and  well  swept  into 
the  joints.  Prior  to  laying  the  brick,  stringers  two  by  four  inches 
shall  be  placed  on  each  side  of  the  walk,  backed  by  not  less  than 
twelve  inches  (^surface  measure)  of  soil,  well  packed  down  to  an 
even  surface  with  the  grade.  When  the  walk  is  completed  the 
stringers  shall  be  removed  and  the  space  thus  occupied  shall  be 
filled  with  sand  and  gravel,  and  thoroughly  tamped  to  an  even 
grade  with  the  outer  surface  of  said  walk,  and  the  walks  shall  in 
all  respects  be  constructed  in  a  good  and  workmanlike  manner. 
The  construction  of  the  walks  and  the  materials  used  therein  shall 
be  under  the  supervision,  and  subject  to,  the  approval  of  the 
chairman  of  the  sidewalk  committee, or  some  other  person  appoint¬ 
ed  by  the  Village  Board,  to  superintend  the  work.  Parties  desir¬ 
ing  to  construct  walks  shall  notify  either  the  chairman  or  some 
member  of  the  sidewalk  committee,  so  that  proper  grade  stakes 
may  be  set  and  inspection  be  made  while  the  walk  is  being  con¬ 
structed. 

Cement  Sidwalks — Specifications.]  §  15.  That  all  cement 
sidewalks  hereafter  put  down  in  the  said  Village  of  Wellington 
shall  be  put  down  according  to  the  following  plans  and  specifica¬ 
tions:  The  grade  lines  shall  be  given  by  the  engineer  appointed 
by  said  Village,  or  by  the  President  of  the  Board,  and  the  said 
walk  when  completed  shall  conform  to  the  grade  line  thus  given, 
and  so  put  down  that  when  finished  the  cross  section  thereof  shall 
be  in  the  form  of  a  plane  or  straight  line.  The  uniform  width  of 
the  walks  shall  not  be  less  than  four  feet  in  front  of  residence 
property  and  not  less  than  eight  feet  in  front  of  business  property. 
The  said  sidewalk  grade  shall  be  shaped  and  thoroughly  com¬ 
pacted  to  a  depth  of  twelve  inches  below  the  plane  or  line  that 
shall- constitute  the  finished  surface  of  the  walk,  when  laid,  after 
which  there  shall  be  placed  thereon  eight  inches  of  gravel  and 
thoroughly  tamped.  The  said  walk  shall  be  made  of.  concrete  as 
follows:  On  the  bed  of  gravel  above  provided  for  and  at  the  outer 
edges  of  the  walk  there  shall  be  set  2x4  timbers  to  serve  as  forms 
to  receive  the  concrete,  which  concrete  shall  consist  of  one  part  of 
the  best  quality  of  Portland  cement  to  six  parts  of  good  clean, 
coarse  gravel,  the  cement  and  gravel  to  be  thoroughly  mixed  when 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


57 

dry,  then  the  proper  quantity  of  water  added  and  again  mixed  so 
that  the  cement  adheres  to  the  gravel,  this  concrete  shall  then  be 
placed  on  said  gravel  base  to  a  thickness  of  four  inches  and  thor¬ 
oughly  tamped  to  a  thickness  of  three  inches.  After  said  concrete 
is  thoroughly  tamped  it  shall  be  laid  off  in  blocks  of  not  more  than 
five  feet  square,  and  cut  through  to  insure  perfect  blocks.  Upon 
this  concrete  shall  be  placed  the  finished  coat  of  concrete  one  inch 
thick,  composed  of  one  part  of  the  best  Portland  cement  to  one 
part  of  clean  sharp  sand,  and  cut  in  blocks  to  correspond  with  the 
concrete  underneath,  and  the  same  smoothly  and  neatly  finished, 
and  such  work  shall  be  put  down  under  the  supervision  of  the 
chairman  of  the  sidewalk  committee  or  some  other  person  appoint¬ 
ed  by  the  Village  Board  to  superintend  the  work. 

Injuring  Grass  Plat.]  §  16.  No  person  shall  walk,  ride  or 
drive  over  or  upon  any  grass  plat,  between  the  curb  line  and  the 
adjacent  property  line  on  any  street  within  the  limits  of  said  Vil¬ 
lage,  unless  the  same  is  first  protected  from  all  liability  of  injury 
thereby,  by  boards  or  other  material,  and  any  person  violating  the 
provisions  of  this  section  shall  be  subject  to  a  fine  of  not  less  than 
Three  Dollars  nor  more  than  Twenty  Dollars  for  each  offense. 

Penalties.]  §  17.  That  any  person  or  persons  who  shall 
construct  any  brick  or  cement  sidewalk  contrary  to  the  provisions 
and  specifications  set  forth  in  sections  14  and  15  of  this  chapter 
shall  be  subject  to  a  fine  of  not  exceeding  One  Hundred  Dollars, 
and  in  addition  thereto  said  walk  or  part  of  walk,  constructed 
contrary  to  the  provisions  and  specifications  named  therein,  shall 
be  removed  by  the  superintendent  of  the  streets  or  other  officer  of 
said  Village  appointed  by  the  Board  for  said  purpose. 


CHAPTER  XIX. 

WAGONS,  CARTS,  DRAYS  AND  HACKS. 

License  Required — Penalty.]  Section  i.  That  no  person 


58  ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

shall  hire  or  keep  for  hire  or  use,  or  cause  to  be  kept  for  hire  or 
use  in  the  transportation  of  goods,  wares,  merchandise  or  other 
articles  of  property  within  this  Village,  any  wagon,  cart,  dray  or 
other  vehicle,  without  first  obtaining  license  for  that  purpose  as 
hereinafter  set  forth,  and  the  term  draying  as  used  in  this  ordi¬ 
nance  shall  include  all  hauling  by  the  load  or  loads,  by  the  single 
article  or  miscellaneous  articles,  and  any  person  violating  any  of 
the  provisions  of  this  section  shall  be  fined  not  less  than  Five  Dol¬ 
lars,  and  not  exceeding  Twenty  Dollars  for  each  offense. 

License — How  Obtained.]  §  2.  Every  person  wishing  to 
keep  any  wagon,  cart,  or  dray,  to  be  used  in  draying  or  conveying 
such  articles  as  above  mentioned,  shall  first  apply  to  the  Village 
Clerk  for  a  license  therefor,  and  the  said  Clerk  shall,  upon  pay¬ 
ment  of  eight  dollars  as  license  fee, and  twenty-five  cents  as  Clerk’s 
fees,  issue  to  such  applicant  a  license,  which  shall  be  registered, 
numbered  *and  recorded  in  a  book  kept  for  that  purpose.  Said 
license  shall  be  valid  for  one  year  from  the  date  thereof,  and  shall 
not  be  transferable, and  no  license  shall  issue  for  a  longer  or  short¬ 
er  period,  or  for  a  less  fee  than  that  above  set  forth.  Provided, that 
for  a  good  cause  the  President  and  Village  Board  may  revoke  such 
license  at  any  time. 

Regulating  Charges,  Etc]  §  3.  That  no  drayman, hackman , 
or  other  person  licensed  to  do  draying  or  hauling  within  the  cor¬ 
porate  limits  of  the  Village  of  Wellington,  shall  charge  or  receive 
more  than  twenty-five  cents  for  each  load  or  single  trip,  to  any 
place  within  the  corporate  limits  of  said  Village  of  Wellington, ex¬ 
cept  the  moving  of  household  goods,  pianos,  and  extra  bulky  ar¬ 
ticles,  and  for  charging  more  than  the  above  fixed  fee,  he  or  they 
shall  be  fined  not  less  than  Five  Dollars,  nor  more  than  Twenty- 
five  Dollars  for  each  and  every  offense. 

Delivery  Wagons,  Etc.,  Exempt.]  §  4.  Wagons  or  other 
vehicles  kept  by  merchants,  mechanics  or  other  dealers  for  the 
free  delivery  of  goods  or  other  articles  sold  or  kept  by  them,  or 
kept  regularly  by  any  public  house  for  the  free  accommodation  of 
their  guests,  the  hauling  or  unloading  of  lumber  by  teams  kept 
regularly  by  dealers,  the  hauling  and  unloading  of  cobs,  manure, 
and  loose  hay,  shall  not  be  deemed  to  be  included  within  the 
meaning  of  this  ordinance,  but  all  shifts  or  devices  to  avoid  any 
provisions  of  this  ordinance,  as  the  doing  of  any  work  included 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  59 

within  the  meaning  of  this  ordinance  by  the  day  or  job  shall  be 
deemed  a  violation  of  the  same. 

Hack  Charges.]  §  5.  No  hackman  shall  charge  more  than 
ten  cents  for  hauling  any  individual  from  any  point  within  the 
Village  limits  to  any  point  within  a  distance  of  one  mile  of  the  Vil¬ 
lage  limits, nor  more  than  ten  cents  for  hauling  any  individual  from 
any  point  within  a  distance  of  one  mile  of  the  Village  limits  to  any 
point  within  the  Village  of  Wellington,  Provided,  that  closed 
cabs,  or  carriages,  may  charge  not  to  exceed  twenty-five  cents  for 
each  individual  for  such  trip. 

Hackmen.]  §  6.  Each  license  issued  to  a  hackman  shall  be 
numbered,  and  every  hackman  doing  business  under  a  license  by 
the  Village  of  Wellington,  shall  provide  and  keep  such  number  in 
plain  view  either  upon  his  person,  wagon  or  team. 

*  _ 

Passed  and  approved  this  the  21st  day  of  January,  A.  D.  1903. 

.  W.  A.  Hamilton, 

Attest:  President  of  Board  of  Trustees. 

Benj.  J.  Sibbitt,  Village  Clerk. 

-!  SEAL  l 


6o 


ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


VILLAGE  CLERK’S  CERTIFICATE  OF  ADOPTION 


AND  PUBLICATION. 


I,  Benj.  J.  Sibbitt,  Village  Cleric  of  the  Village  of  Wellington,  in  the  County 
of  Iroquois,  and  State  of  Illinois,  do  hereby  certify ,  that  the  foregoing  ordinance, 
entitled  “An  ordinance  for  revising  and  consolidating  the  general  ordinances,  and 
making  certain  additions  thereto,  of  the  Village  of  Wellington,  Illinois,"  was 
legally  passed  and  adopted  by  the  Board  of  Trustees  of  said  village,  at  a  regular 
meeting  thereof,  on  the  2 1st  day  of  January,  A.  D.  1903,  that  the  same  was  duly 
deposited  in  the  office  of  the  Village  Clerk,  of  said  village,  on  the  21st  day  of 
January,  A.  D.  1903,  duly  signed  and  approved  by  the  President  of  the  Board  of 
Trustees  of  said  village,  and  that  the  same  was  duly  recorded  in  the  Ordinance 
record  of  said  village,  that  the  foregoing  is  a  true  and  correct  copy  of  said  ordi¬ 
nance,  and  the  same  is  printed  and  published  in  book  or  pamphlet  form,  under  the 
direction,  and  by  the  authority  of  the  Board  of  Trustees  of  said  village,  and  that 
I  am  the  keeper  and  custodian  of  the  ordinances  and  records  of  said  village,  and 
I  further  certify  that  this  book  or  pamphlet  containing  said  ordinances  was  pub¬ 
lished  on  the  11th  day  of  February,  A.  1).  1903. 


In  testimony  whereof,  I  have  hereunto  set  my  hand' and  affixed 
the  seal  of  the  said  Village  of  Wellington,  this  the  1 1th  day 
of  February,  A.  D.  1903.  BENI.  J.  SIBBITT, 


Attest : 


Village  Clerk. 


W.  A.  HAMILTON,  President  of  the  Board  of  Trustees. 


INDEX  TO  THE 

ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 


6l 


INDEX. 


A 

PAGE.  SEC. 

Accounts  and  Claims. 

Claims  to  be  sworn  to .  3  1 

Amusements. 

Classification  of .  4  1 

License  required . 4  2 

License  fees .  5  3 

Class  and  fee  decided  by  President .  5  4 

License  subject  to  ordinance .  5  5 

No  chairs  in  aisles .  5  6 

Indecent  plays . '. .  5  7 

Shooting  galleries,  etc .  5  8 

Animals  and  Pounds. 

Prohibited  at  large .  6  1 

Penalty . 6  2 

Pounds  and  pound  keeper .  6  3 

Pound  keeper  to  take  up  animals .  7  4 

Proceedings  where  animal  not  redeemed .  7  5 

Proceedings  where  owner  is  unknown  . .  .". .  7  6 

Trial  after  notice,  judgment .  8  7 

Proceedings  against  non-resident .  8  8 

Order  of  sale  . . 9  9 

Notice  of  sale .  9  10 

Pound  keeper’s  book .  9  11 

Surplus  proceeds  paid  to  owner... .  10  12 


INDEX  TO  THE 

62  ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

PAGE.  SEC. 

Breaking  pound,  penalty .  10  13 

Fees  of  Magistrate .  10  14 

Staking  out  animals,  etc .  10  15 

Dead  animals .  11  16 

Removal  of  dead  animals .  11  17 

Driving  animals  through  streets .  11  18 

Driving  outside  of  curb  line .  11  19 

Auction  and  Auctioneers. 

Sale  at  auction  to  be  made  by  auctioneer .  11  1 

Penalties,  etc .  12  2 

Revocation  of  license .  12  3 

B 

Billiards,  Ball  Alleys,  Etc. 

Billiards,  etc.,  prohibited . 12  1 

Each  game  distinct  offense .  12  2 

I) 

Dogs. 

Dogs  to  be  registered,  tax .  13  1 

Check  to  be  worn  on  collar .  13  2 

Dog  to  wear  collar  with  name  of  owner .  13 

Proclamation  by  President  of  Board,  etc .  13 

Violation,  penalties,  etc..’ .  14 

F 

Fire  Protection. 

Unsafe  chimneys,  etc .  14  1 

Deposit  of  ashes .  14  2 

Burning  straw,  bonfires .  15  3 

H 

Health  Department. 

Board  of  Health  to  be  appointed .  15  1 

Duties  of  Board .  15  2 

Powers  of  Board .  16  3 


On  4*  CO 


INDEX  TO  THE 

ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  63 

PAGE.  SEC. 

Temporary  hospitals .  16  4 

Removing  persons  to  hospitals  .  . .  16  5 

Term  of  office  of  Board . 16  6 

Orders  of  the  Board,  how  made,  penalty .  16  7 

In  case  of  small  pox,  etc . 17  8 

Unlawful  for  persons  to  go  abroad,  when .  17  9 

Duty  of  President  to  give  notice,  when .  17  10 

President  to  employ  nurses . ,  18  11 

Duty  of  physicians .  18  12 

Notice  to  cleanse  premises .  18  13 


L 


Labor  on  Streets. 

Who  to  work  on  streets .  19  1 

Penalty  for  failing  to  appear .  19  2 

Duty  of  Superintendent,  to  make  complaint . .19  3 

Offenders  to  work  out  fine .  20  4 

Liquors. 

Selling  or  giving  away  unlawful .  20  1 

Penalty,  etc .  20  2 

How  recovered .  20  3 

Permits  to  druggists .  21  4 

How  granted,  bond .  21  5 

Monthly  report  on  oath . 21  6 

Prescriptions,  to  whom  given .  22  7 

Penalty  for  giving  to  person  intoxicated .  22  8 

Penalty  for  using  such  liquor  as  beverage .  22  9 

Duty  of  village  officers  to  complain . 22  10 

Permits  to  be  signed  by  President .  23  11 


M 


Misdemeanors. 

Unlawful  assembly .  23  1 

Assault  and  battery .  23  2 

Disturbing  the  peace .  23  3 

Permitting  unlawful  assemblage .  23  4 

Disturbing  the  peace  of  family . «  24  5 

Aiding  unlawful  act .  24  6 

Disturbing  assembly,  etc .  24  7 


INDEX  TO  THE 

64  ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON. 

PAGE.  SEC. 

Drunkenness .  24  8 

Indecent  exposure .  24  9 

Sale  of  obscene  books .  24  10 

Having  obscene  books  in  possession .  25  11 

Obscene  writing  or  figure . 25  12 

Indecent  exhibition  of  animals  .  25  13 

Gambling  .  .  . .  25  14 

Gaminghouse  .  25  15 

Leasing  premises  for  gaming .  26  16 

Duty  of  police,  penalty .  26  17 

Police  to  destroy  gaming  implements .  26  18 

Cruelty  to  animals .  27  19 

Injuring  public  property . .  27  20 

Hitching  horses  to  trees,  etc .  27  21 

Fast  driving . 27  22 

Leaving  animals  unfastened .  27  23 

Scaring  horses,  etc .  27  24 

Vehicle  to  pass  to  the  right . .- .  28  25 

Burglar’s  tools .  28  26 

Amusements  on  Sunday . 28  27 

Firing  cannon,  gun,  etc .  28  28 

Houses  of  ill  fame .  28  29 

Leaving  open  cellar  door .  29  30 

Disturbing  lawful  assembly .  29  31 

Drinking  in  public .  29  32 

Obstructing  street  or  alley  .  29  33 

Obstructing  stairway . '. .  30  34 

Throwing  stones,  slings,  etc .  30  35 

Tramps  and  vagrants .  30  36 

Boys  making  disturbance,  etc .  31  37 

Concealed  weapons . „ .  31  38 

Judgment  entry .  31  39 

Resisting  an  officer .  31  40 

Rescuing  prisoners,  etc .  31  41 

Re-arrest  of  escaped  prisoner .  32  42 

Lotteries  prohibited .  32  .  43 

Selling  tobacco,  etc.,  to  minors .  32  44 

License  for  selling  cigarettes .  33  45 

Weighing  or  drawing  explosives  by  artificial  light.  33  46 

Throwing  peel  or  rind  on  walks .  33  47 

injuring  pavement,  drain  or  sewer .  33  48 


INDEX  TO  THE 

ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  65 

PAGE.  SEC. 

Injuring  telephones,  etc .  33  49 

False  alarm  of  fire .  33  50 

Loitering  about  depot,  etc .  34  51 

Accessories .  34  52 

Interfering  with  inspector  of  public  works .  34  53 

Violating  specifications  for  walks .  35  54 

Injuring  sewers .  35  55 

Curfew  bell .  35  56 

Bicycles  on  walks,  unlawful .  35  57 

Driving  or  riding  on  walks .  36  58 

Spitting  on  walk,  etc .  36  „  59 

N 

Nuisances. 

Cellars,  vaults  and  drains .  36  1 

Duty  of  officers .  37  2 

Slaughterhouses,  etc .  37  3 

Dangerous  buildings .  37  4 

Duty  of  the  President .  .  38  5 

Privy  vaults . -r .  38  6 

Littering  streets .  38  7 

Smoking  or  spitting  in  public  buildings .  38  8 

Breaking  colts  on  streets .  39  9 

O 

Officers. 

Officers  appointed .  39  1 

Chief  of  Police .  39  2 

Charge  of  calaboose .  40  3 

Constable  to  keep  record . 40  4 

Magistrate’s'  report .  40  5 

Duties  of  Village  Clerk . '40  6 

Duties  of  Village  Attorney .  41  7 

Trial  of  persons  arrested,  etc .  41  8 

Arrest  at  night .  41  9 

Prisoner  drunk  when  arrested .  41  10 

Statement  to  be  filed .  42  11 

Witness  and  jury  fees . 42  12 

Oath  of  office .  42  13 


66 


INDEX  TO  THE 

ORDINANCES  OE  THE  VILLAGE  OF  WELLINGTON. 


PAGE.  SEC- 

Official  bonds .  43  14 

Board  of  Local  Improvements . .  43  15 

Fees  and  salaries .  43  16 

Ordinances. 

Ordinance  repealed .  44  1 

Fines  not  released,  etc .  44  2 

Enrollment  of  ordinances,  Village  Clerk .  44  3 

Two  offenses,  election  and  prosecutor .  45  4 

Old  ordinances  in  force .  45  5 

P 

Peddlers. 

License  required,  penalty . 45  1 

Peddlers  defined .  46  2 

License  price  per  diem .  46  3 

Peddlers  not  to  enter  dwellings, etc .  46.  4 

Discretion  of  President  in  cases  of  chanty .  46  5 

I 

R 

Railroads  and  Railroad  Trains. 

Speed  limited  to  six  miles  an  hour .  47  1 

Penalty,  etc. . .  47  2 

Obstructing  street  crossings .  47  3 

Penalty,  etc .  48  4 

Jumping  on  trains  forbidden .  48  5 

Complaint  to  be  made .  48  6 

Penalty,  etc .  48  7 

Railroad  crossings  and  bridges .  48  8 

Neglect  after  notice,  penalty .  49  9 

Village  may  build  and  recover  costs .  49  10 

✓ 

Rules,  Etc.,  for  Governing  Board. 

Meetings  of  Board . 49  1 

Standing  committees .  50  2 

Duties  of  standing  committees . : .  50  3 

Streets  and  alleys .  50  4 

Public  grounds  and  buildings . 50  5 


INDEX  TO  THE 

ORDINANCES  OF  THE  VILLAGE  OF  WELLINGTON.  .  67 

PAGE.  SEC. 

Finance . •. .  50  6 

No  member  to  make  contracts .  50  7 

Rules  of  the  Board .  51  8 

Fiscalyear .  51  9 

S 

Streets,  Alleys  and  Sidewalks. 

Depositing  rubbish .  52  1 

Merchandise,  signs  on  sidewalk .  52  2 

Signs  to  be  securely  supported .  53 

Creaking  signs  a  nuisance .  53 

Obstructions  to  streets,  etc.,  forbidden .  53 

Obstructing  streets  by  teams . 53 

Persons  obstructing  liable  for  damage .  53 

Buildings,  etc  ,  in  street  not  to  be  repaired .  54 

Moving  buildings  through  streets .  54 

Digging  in  streets,  etc . 54  1 

Owner  to  remove  obstruction  on  notice .  54  1 

Removing  or  selling  earth  from  streets .  54  1 

Excavations  in  streets,  etc .  55  1 

Specifications  for  brick  sidewalks .  55  1 

Specifications  for  cement  sidewalks .  56  1 

Injuring  grass  plat .  57  •  1 

Penalties . 57  1 

W 

Wagons,  Carts,  Drays  and  Hacks. 

License  required,  penalty .  57 

License,  how  obtained .  58 

Regulating  charges,  etc..  . .  58 

Delivery  wagons,  etc.,  exempt .  58 

Hack  charges  regulated .  59 

License  to  be  numbered,  etc .  59 


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